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Justice (Northern Ireland) Act 2002

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Part 5 N.I.Miscellaneous

Royal Arms and flagsN.I.

66 Display of Royal Arms at courtsN.I.

(1)The Royal Arms must not be displayed in any courtroom.

(2)But subsection (1) does not prevent the display of the Royal Arms anywhere in—

(a)the courtrooms in the Royal Courts of Justice in Belfast,

(b)the courtrooms in the Courthouse in Armagh,

(c)the courtroom in the Courthouse in Banbridge,

(d)Court No. 1 in the Courthouse in Downpatrick,

(e)the courtrooms in the Courthouse in Magherafelt, or

(f)the courtrooms in the Courthouse in Omagh,

where they were displayed immediately before the coming into force of this section.

(3)The Royal Arms must not be displayed—

(a)on the exterior of an existing court-house, or

(b)in any other place outside an existing court-house which is used for the purposes of the court-house,

unless they were displayed there immediately before the coming into force of this section.

(4)“Existing court-house” means a court-house which is in use before the coming into force of this section.

(5)Any authorisation which would be required for the purpose of complying with this section is to be regarded as having been obtained.

(6)“Authorisation” includes any approval, consent, licence or permission (whether required by any enactment or instrument or otherwise).

67 Flying of flags at court-housesN.I.

(1)In Article 3(1) of the Flags (Northern Ireland) Order 2000 (S.I. 2000/1347 (N.I. 3)) (power to make regulations about the flying of flags at government buildings), insert at the end “and court-houses”.

(2)The Flags Regulations (Northern Ireland) 2000 (S.R. 2000 No. 347) (which were made in the exercise of that power) apply in relation to court-houses as they apply in relation to the government buildings specified in Part 1 of the Schedule to the Regulations (but subject to any amendment which may be made to the Regulations in the further exercise of that power).

Commencement Information

I1S. 67 in force at 12.4.2010 by S.R. 2010/113, art. 2, Sch. para. 15

Victims of crimeN.I.

68 Information about discharge and temporary release of prisonersN.I.

(1)The [F1Department of Justice] must make a victim information scheme and may from time to time make a new scheme or alterations to a scheme.

(2)A victim information scheme is a scheme requiring the [F2Department of Justice] to make available information about the discharge or temporary release of persons serving sentences of imprisonment in Northern Ireland imposed in respect of the commission of offences (“imprisoned offenders”) to victims of the offences who wish to receive it.

(3)A scheme—

(a)must require that information as to the month in which it is anticipated that an imprisoned offender will be discharged is to be made available under the scheme, and

(b)must require that, unless it is not reasonably practicable to do so, the fact that the temporary release of an imprisoned offender is being considered is to be made available under the scheme.

(4)A scheme may require that other information relating to the discharge and temporary release of imprisoned offenders is to be made available under the scheme including, in cases of a description specified by the scheme or in which the [F3Department of Justice] considers it appropriate, the date on which it is anticipated that an imprisoned offender will be discharged or temporarily released.

(5)A scheme may provide that in circumstances of a description specified in the scheme, or in particular circumstances in which the [F4Department of Justice] considers it appropriate, a person who is not the actual victim of the offence but was directly affected by it is to be regarded for the purposes of the scheme as a victim of the offence (as well as any actual victim).

(6)A scheme may provide that in circumstances of a description specified in the scheme, or in particular circumstances in which the [F5Department of Justice] considers it appropriate, a person other than the actual victim of an offence is to be regarded for the purposes of the scheme as a victim of the offence (instead of an actual victim).

(7)A scheme must specify how victims are to indicate that they wish to receive information under the scheme.

(8)The [F6Department of Justice] is not required to make information available under a scheme—

(a)if [F7the Department of Justice] believes that to do so would adversely affect the well-being of the actual victim of an offence or a person who is regarded for the purposes of the scheme as being a victim of an offence by virtue of subsection (5),

(b)if [F8the Department of Justice] believes that to do so would threaten the safety of any person, or

(c)in other circumstances specified by the scheme.

(9)A scheme may make different provision in relation to—

(a)different descriptions of imprisoned offenders, or

(b)imprisoned offenders convicted or sentenced at different times.

(10)“Discharge” includes release—

(a)on licence, or

(b)in pursuance of a grant of remission,

(whether or not subject to conditions); and “discharged” is to be construed accordingly.

Textual Amendments

69 Views on temporary releaseN.I.

(1)If a person who is the victim of an offence for the purposes of a scheme under section 68 makes to the [F9Department of Justice] representations falling within subsection (2) the [F9Department of Justice] has the obligations specified in subsection (3).

(2)Representations fall within this subsection if they are to the effect that the temporary release of a person serving a sentence of imprisonment in Northern Ireland imposed in respect of the commission of the offence would threaten the safety, or otherwise adversely affect the well-being, of—

(a)the actual victim of the offence, or

(b)a person who is regarded for the purposes of the scheme as a victim of the offence by virtue of section 68(5).

(3)The [F10Department of Justice] must—

(a)have regard to the representations in deciding whether the person should be temporarily released and, if so, any conditions to which he is to be subject, and

(b)inform the victim of any such decision.

Textual Amendments

[F1169AInformation about discharge and leave of absence of mentally disordered personsN.I.

(1)The [F12Department of Justice] must make a scheme requiring the [F12Department of Justice] to make available to persons falling within subsection (2) information about—

(a)the discharge from hospital of, or

(b)the grant of leave of absence from hospital to,

persons in respect of whom relevant determinations have been made.

(2)The persons referred to in subsection (1) are victims of the offences in respect of which the determinations were made who wish to receive the information.

(3)A relevant determination is made in respect of a person if—

(a)a hospital order with a restriction order is made in respect of him by a court dealing with him for an offence, or

(b)a transfer direction and a restriction direction are given in respect of him while he is serving a sentence of imprisonment in respect of an offence.

(4)The [F13Department of Justice] may from time to time make a new scheme or alterations to a scheme.

(5)The information to be made available under a scheme must include information as to any relevant conditions to which a person in respect of whom a relevant determination has been made is to be subject in the event of—

(a)his discharge from hospital, or

(b)the grant of leave of absence from hospital to him.

(6)A condition is relevant for the purposes of subsection (5) if it appears to the [F14Department of Justice] that it might affect a victim of an offence in respect of which the determination was made.

(7)A scheme may require the [F15Department of Justice] to take all reasonable steps to ascertain whether a person who appears to [F16it] to be the victim of an offence in respect of which a relevant determination has been made wishes to make representations about the matters specified in subsection (8).

(8)The matters are—

(a)whether the person in respect of whom the determination has been made should be subject to any conditions in the event of his discharge from hospital or the grant of leave of absence from hospital to him;

(b)if so, what conditions.

(9)A scheme that includes provision such as is mentioned in subsection (7) must specify how the representations are to be made.

(10)A scheme may require other information in relation to the discharge of, or the grant of leave of absence to, persons in respect of whom relevant determinations are made to be made available under the scheme.

(11)The other information may include, in cases of a description specified by the scheme or in which the [F17Department of Justice] considers it appropriate, the date on which it is anticipated that a person in respect of whom a relevant determination has been made will be discharged or granted leave of absence from hospital.

(12)Subsections (5) to (8) of section 68 apply in relation to a scheme made under this section as they apply in relation to a scheme made under that section.

(13)A scheme may make different provision in relation to different descriptions of persons in respect of whom a relevant determination is made.

Textual Amendments

69BViews on leave of absenceN.I.

(1)If a person who is the victim of an offence in respect of which a relevant determination has been made makes to the [F18Department of Justice] representations falling within subsection (2) the [F18Department of Justice] has the obligations specified in subsection (3).

(2)Representations fall within this subsection if they are to the effect that the grant of leave of absence to the person in respect of whom the determination has been made would threaten the safety, or otherwise adversely affect the well-being, of—

(a)the actual victim of the offence in respect of which the determination was made, or

(b)a person who is regarded for the purposes of a scheme under section 69A as a victim of that offence by virtue of section 68(5) (as applied by section 69A(12)).

(3)The [F19Department of Justice] must—

(a)have regard to the representations in deciding whether [F20the Department should give its] consent to leave of absence being granted, and

(b)inform the victim of any such decision.

(4)Section 69A(3) (relevant determination) applies for the purposes of this section.]

Textual Amendments

70 SupplementaryN.I.

(1)In sections 68 and 69 references to a person serving a sentence of imprisonment include a person aged 18 or over who is—

(a)detained pursuant to directions F21... under Article 45 of the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9)), or

(b)detained in a young offenders centre as the result of an order of the Crown Court.

(2)In sections 68 and 69 references to a person serving a sentence of imprisonment in Northern Ireland—

(a)include a person who, in consequence of a restricted transfer from Northern Ireland, is serving part of a sentence of imprisonment in another part of the United Kingdom, but

(b)do not include a person who, in consequence of a restricted transfer from another part of the United Kingdom, is serving part of a sentence of imprisonment in Northern Ireland.

(3)“Restricted transfer” has the same meaning as in Part 2 of Schedule 1 to the Crime (Sentences) Act 1997 (c. 43).

[F22(4)In sections 68 and 69 references to a person serving a sentence of imprisonment in Northern Ireland include a person detained in hospital pursuant to a transfer direction and a restriction direction.

(5)In subsection (4) and section 69A(3)—

  • “restriction direction” has the meaning given in Article 55(2) of the Mental Health (Northern Ireland) Order 1986;

  • “transfer direction” has the meaning given in Article 53(2) of that Order.

(6)In section 69A(3)—

  • “hospital order” has the meaning given in Article 44(1) of the Mental Health (Northern Ireland) Order 1986;

  • “restriction order” has the meaning given in Article 47(1) of that Order;

  • “sentence of imprisonment” has the meaning given in Article 53(5) of that Order.

(7)In sections 69A and 69B “leave of absence” means leave of absence under Article 15 of the Mental Health (Northern Ireland) Order 1986.]

Textual Amendments

Community safetyN.I.

71 Community safety strategyN.I.

(1)The [F23Department of Justice] must devise a strategy for enhancing community safety in Northern Ireland.

(2)References in this section F24... to enhancing community safety in any place are to making the place one in which it is, and is perceived to be, safer to live and work, in particular by the reduction of actual and perceived levels of crime and other anti-social behaviour.

(3)The [F25Department of Justice] may from time to time devise a new strategy or make alterations to a strategy.

(4)Before devising or making alterations to a strategy the [F26Department of Justice] must consult—

(a)the First Minister and deputy First Minister,

(b)the Chief Constable of the Police Service of Northern Ireland, and

(c)the Northern Ireland Policing Board.

(5)The [F27Department of Justice] must publish each strategy devised by [F28the Department] and any alterations which [F29the Department] makes to a strategy (or the strategy as altered).

Textual Amendments

Prospective

F3072 Local community safety partnershipsN.I.

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

Textual Amendments

Civil procedureN.I.

Prospective

73 Constitution of Rules CommitteesN.I.

(1)In section 54(1) of the Judicature (Northern Ireland) Act 1978 (c. 23) (membership of [F31Court of Judicature] Rules Committee), for paragraphs (b) to (f) substitute—

“(b)three judges of the Supreme Court nominated by the Lord Chief Justice;

(c)one Master of the Supreme Court nominated by the Society of Masters;

(d)two barristers nominated by the General Council of the Bar of Northern Ireland and one barrister nominated by the [F32Department of Justice];

(e)two solicitors nominated by the Law Society of Northern Ireland and one solicitor nominated by the [F32Department of Justice]; F33...

(f)two persons nominated by the [F32Department of Justice] who do not hold (and have never held) judicial office and are not (and have never been) barristers or solicitors.

[F34(g)the Attorney General for Northern Ireland or a barrister or solicitor nominated by the Attorney General for Northern Ireland.”]

(2)In Article 46(1) of the County Courts (Northern Ireland) Order 1980 (S.I. 1980/ 397 (N.I. 3)) (membership of County Court Rules Committee), for the words from “be appointed” to the end substitute “consist of—

(a)a county court judge nominated by the Lord Chancellor who shall be chairman;

(b)two county court judges nominated by Her Majesty’s Council of County Court Judges;

(c)one district judge nominated by the Association of District Judges;

(d)two barristers nominated by the General Council of the Bar of Northern Ireland and one barrister nominated by the [F35Department of Justice];

(e)two solicitors nominated by the Law Society of Northern Ireland and one solicitor nominated by the [F35Department of Justice];

(f)one [F36civil servant in the Department of Justice] nominated by [F37that Department]; and

(g)two persons nominated by the [F35Department of Justice] who do not hold (and have never held) judicial office and are not (and have never been) barristers or solicitors.”

Textual Amendments

74 Appeals in small claims casesN.I.

(1)Article 30 of the County Courts (Northern Ireland) Order 1980 (jurisdiction exercisable by district judges) is amended as follows.

(2)In paragraph (4) (cases dealt with by arbitration)—

(a)after sub-paragraph (a) insert—

“(ab)any party may appeal on a question of law to a judge (not being a deputy judge) against any order, decision or determination;,”

(b)in sub-paragraph (b), for the words from “by the High Court,” onwards substitute “ by the Court of Appeal, state for the determination of the Court of Appeal any question of law arising out of an award made by the district judge in dealing with the claim unless an appeal on the question has been brought under sub-paragraph (ab); ”, and

(c)in sub-paragraph (c), for “sub-paragraph (b)” substitute “ sub-paragraphs (ab) and (b) ”.

(3)After paragraph (4) insert—

“(4A)An appeal under paragraph (4)(ab) shall be brought within the period of twenty-one days commencing with the date on which the order, decision or determination was made; and on such an appeal the judge—

(a)has the same powers as the district judge; but

(b)is not required to hold a hearing;

and his decision shall be final.”

75 Time limit for cases stated by county courtN.I.

In Article 61(2) of the County Courts (Northern Ireland) Order 1980 (S.I. 1980/ 397 (N.I. 3)) (cases stated by county court judge) for “fourteen days” substitute “ twenty-one days ”.

Legal aidN.I.

Prospective

76 Exceptional legal aidN.I.

F38. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3977 Proceedings before coronerN.I.

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

Textual Amendments

Court ServiceN.I.

78 Power to abolish Court ServiceN.I.

(1)The Lord Chancellor may by order make provision for the transfer of the functions of the Court Service and the abolition of the Court Service.

(2)The order may make provision—

(a)for the payment by the Lord Chancellor of compensation to or in respect of persons who suffer loss of employment or loss or diminution of emoluments (including superannuation rights) which is attributable to the transfer of functions, or the abolition, of the Court Service, and

(b)for any other incidental, consequential, transitional or supplementary matter which appears to the Lord Chancellor to be appropriate.

(3)The provision made by the order under subsection (2) may include amendments in any enactment or instrument (whenever passed or made), including this Act.

Commencement Information

I2S. 78 in force at 1.3.2010 by S.R. 2010/52, art. 2(a)

Court securityN.I.

F4079 Duty of Court Service to ensure court securityN.I.

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

Textual Amendments

F4080 Powers and duties of court security officersN.I.

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

Textual Amendments

F4081 Protection of court security officersN.I.

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

Textual Amendments

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