Search Legislation

Justice Act (Northern Ireland) 2015

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Paragraph 86

 Help about opening options

Alternative versions:

Changes to legislation:

Justice Act (Northern Ireland) 2015, Paragraph 86 is up to date with all changes known to be in force on or before 28 March 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

This section has no associated Explanatory Notes

86—(1) In Article 2(3) (definitions)—N.I.

(a)omit the definitions of “chief clerk” and “county court division”;

(b)after the definition of “decree” insert—

the Department” means the Department of Justice;.

(2) For Article 2 (4) (references to officers of the court) substitute—

(4) References in this Order—

(a)to chief clerks and to clerks of petty sessions are references to officers of the Department designated as such by the Department;

(b)to clerks of petty sessions include references to officers of the Department designated by the Department as assistant or deputy clerks of petty sessions..

(3) Omit Article 4 (local jurisdiction of justices of the peace).

(4) For Article 11 and the Part heading immediately above it substitute

PART 3 N.I.THE HOLDING OF PETTY SESSIONS

Petty sessionsN.I.

11(1) Sessions for the holding of courts of summary jurisdiction shall continue to be known as petty sessions and are so referred to in this Order.

(2) The Lord Chief Justice may give directions as to—

(a)the places at which petty sessions are to be held;

(b)the days on which petty sessions are to be regularly held;

(c)the ordinary hours of sitting of courts of summary jurisdiction;

(d)such other incidental, consequential, transitional or supplementary matters as appear to the Lord Chief Justice to be necessary or proper..

(5) For Article 16 substitute—

General jurisdiction to deal with chargesN.I.

16(1) A magistrates' court has jurisdiction—

(a)to conduct a preliminary inquiry or a preliminary investigation into any indictable offence;

(b)to hear and determine a complaint charging any summary offence.

(2) A district judge (magistrates' courts) exercising the powers conferred by Article 45 and 46 has jurisdiction to try summarily any indictable offence.

(3) References above to offences are to offences, wherever committed, which are cognisable under the law of Northern Ireland..

(6) Omit Article 17 (offences committed on boundaries, etc.).

(7) In Article 18(4)(b) (summary trial) omit the words “sitting for the petty sessions district for which the resident magistrate or lay magistrate acted”.

(8) For Article 20 substitute—

Issue of summons to accused or warrant for his arrestN.I.

20(1) On a complaint being made to a lay magistrate that a person has, or is suspected of having, committed a summary offence, the lay magistrate may issue a summons directed to that person requiring him to appear before a magistrates' court to answer to the complaint.

(2) On a complaint being made to a lay magistrate that a person has, or is suspected of having, committed an indictable offence, the lay magistrate may either—

(a)issue a summons requiring him to appear before a magistrates' court; or

(b)issue a warrant to arrest that person and bring him before a magistrates' court

(3) Where the offence charged in the complaint is an indictable offence, a warrant under this Article may be issued by a lay magistrate at any time notwithstanding that a summons has previously been issued and whether before or after the time mentioned in such summons for the appearance of the person summoned.

(4) Where a lay magistrate is satisfied that a summons issued under paragraph (1) has not been served, the lay magistrate may, without a complaint being made to him, re-issue the summons extending the time for the appearance of the person summoned.

(5) Where a district judge (magistrates' courts) is satisfied that a person suspected of having committed a summary offence cannot for any reason be served with a summons, the district judge (magistrates' courts) may issue a warrant for the arrest of that person notwithstanding that a summons has not been first issued.

(6) A warrant may be issued in respect of any offence notwithstanding that the offence was committed outside Northern Ireland if an indictment for the offence may legally be preferred in Northern Ireland.

(7) A warrant shall not be issued under this Article unless the complaint is in writing and substantiated on oath..

(9) In Article 32(1)(a) (documents) omit “for the district in which the preliminary inquiry is to be held”.

(10) Omit Article 36 (adjournment of committal proceedings).

(11) In Article 47 (remands)—

(a)in paragraph (1)(a) omit “for the county court division for which the court is acting or before any other magistrates' court having jurisdiction to conduct the proceedings”;

(b)in paragraph (4E)(a) for the words from “the magistrates' court which” to the end substitute “a magistrates' court”;

(c)in paragraph (4F) for the words from “the magistrates' court which” to the end substitute “a magistrates' court”.

(12) In Article 52 (sentencing of person convicted by another court) omit the words from “acting for the same petty sessions district” to the end.

(13) In Article 72 (issue of process) in paragraphs (1) and (2) omit the words from “acting for the petty sessions district” to the end.

(14) In Article 75 (transfer to county court) omit paragraph (3).

(15) In Article 77 (jurisdiction on civil complaint) omit paragraph (3).

(16) In Article 79 (issue of summons) omit “for a county court division” and “sitting for that county court division”.

(17) In Article 85(4) (orders for periodic payment) omit the words from “of the petty sessions district” to the end.

(18) In Article 85A (proceedings by collection officer)—

(a)in paragraphs (1), (2) and (3) omit “of the relevant court”;

(b)in paragraph (4)(a) omit “of a relevant court”;

(c)in paragraph (7) omit the definition of “the relevant court”.

(19) In Article 85B (breach of maintenance order)—

(a)in paragraph (1) omit “for the county court division which includes the petty sessions district for which the relevant court is acting”;

(b)in paragraph (2) for “the relevant court” (twice) substitute “ a court of summary jurisdiction ”;

(c)in paragraph (3) for “relevant court” substitute “ court of summary jurisdiction ”;

(d)in paragraph (5) omit the definition of “the relevant court”.

(20) In Article 96(1) (transfer of fines) omit “in a petty sessions district” and “acting for that district”.

(21) In Article 98 (enforcement: periodical payments)—

(a)in paragraph (1)(a) omit “acting for the same petty sessions district as the court which made the order”;

(b)in paragraph (1)(b) omit the words from “acting for the same petty sessions district” to the end.

(22) In Article 99 (enforcement: other payments)—

(a)in paragraph (1)(a) omit “acting for the same petty sessions district as the court which made the order”;

(b)in paragraph (1)(b) omit the words from “acting for the same petty sessions district” to the end.

(23) In Article 112 (enforcement: other orders)—

(a)in paragraph (3)(a) omit “acting for the same petty sessions district as the court which made the order”;

(b)in paragraph (3)(b) omit the words from “acting for the same petty sessions district” to the end;

(c)omit paragraph (7).

(24) In Article 113(7) (review of commitment) omit the words from “sitting for” to the end.

(25) In Article 127(3) (power to bind over) omit the words from “where the person” to the end.

(26) In Article 128(1) (discharge of recognizances) omit the words from “having jurisdiction either¾” to the end of sub-paragraph (b).

(27) In Article 144 (procedure on appeal)—

(a)in paragraph (2A) omit “having jurisdiction in the county court division in which the magistrates' court sat”;

(b)in paragraph (3) omit “having jurisdiction in the county court division in which the magistrates' court sat”.

(28) In Article 148(1) (bail on appeal) omit “having jurisdiction in the petty sessions district for which the court acted”.

(29) In Article 149(1) (recognizance to prosecute appeal) omit “having jurisdiction in the petty sessions district for which that court acted”.

(30) In Article 151(1) (estreat of recognizance) omit the words from “acting for the same petty sessions district” to “case was stated”.

Commencement Information

I1Sch. 1 para. 86 in operation at 31.10.2016 by S.R. 2016/387, art. 2(k) (with art. 3)

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Northern Ireland Assembly department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes accompany all Acts of the Northern Ireland Assembly.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources