Justice Act (Northern Ireland) 2015

Section 96.

SCHEDULE 6 N.I. AMENDMENTS: SERIOUS PHYSICAL HARM TO CHILD OR VULNERABLE ADULT

The Law Reform (Year and a Day Rule) Act 1996 (c. 19) N.I.

1  In section 2 (restriction on institution of proceedings for fatal offence) in subsection (3)(c) for “(causing or allowing the death of a child or vulnerable adult)” substitute “ of causing or allowing the death of a child or vulnerable adult ”. N.I.

Commencement Information

I1 Sch. 6 para. 1 in operation at 14.3.2016 by S.R. 2016/136, art. 2(b)

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

2  In Schedule 5 (offences for purposes of making sexual offences prevention orders) in paragraph 171A for “the death of a child or vulnerable adult” substitute “ a child or vulnerable adult to die or suffer serious physical harm ”. N.I.

Commencement Information

I2 Sch. 6 para. 2 in operation at 14.3.2016 by S.R. 2016/136, art. 2(b)

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

3—(1) For the heading of section 7 substitute “ Evidence and procedure in cases of death: Northern Ireland ”. N.I.

(2) In section 7(5) after “section 5” insert “ of causing or allowing a person's death ”.

(3) After section 7 insert—

“7A    Evidence and procedure in cases of serious physical harm: Northern Ireland

(1) Subsections (3) to (5) apply where a person (“the defendant”) is charged in the same proceedings with a relevant offence and with an offence under section 5 in respect of the same harm (“the section 5 offence”).

(2) In this section “relevant offence” means—

(a) an offence under section 18 or 20 of the Offences against the Person Act 1861 (grievous bodily harm etc.);

(b) an offence under Article 3 of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 of attempting to commit murder.

(3) Where by virtue of Article 4(4) of the Criminal Evidence (Northern Ireland) Order 1988 a court or jury is permitted, in relation to the section 5 offence, to draw such inferences as appear proper from the defendant's failure to give evidence or refusal to answer a question, the court or jury may also draw such inferences in determining whether the defendant is guilty of a relevant offence, even if there would otherwise be no case for the defendant to answer in relation to that offence.

(4) Where a magistrates' court is considering under Article 37 of the Magistrates' Courts (Northern Ireland) Order 1981 whether to commit the defendant for trial for the relevant offence, if there is sufficient evidence to put the defendant on trial for the section 5 offence there is deemed to be sufficient evidence to put the defendant on trial for the relevant offence.

(5) The power of a judge of the Crown Court under section 2(3) of the Grand Jury (Abolition) Act (Northern Ireland) 1969 (entry of “No Bill”)is not to be exercised in relation to a relevant offence unless it is also exercised in relation to the section 5 offence.

(6) At the defendant's trial the question whether there is a case for the defendant to answer on the charge of the relevant offence is not to be considered before the close of all the evidence (or, if at some earlier time the defendant ceases to be charged with the section 5 offence, before that earlier time).”.

Commencement Information

I3 Sch. 6 para. 3 in operation at 14.3.2016 by S.R. 2016/136, art. 2(b)

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

4  In Part 1 of Schedule 2 (specified violent offences) in paragraph 30 for “the death of a child or vulnerable adult” substitute “ a child or vulnerable adult to die or suffer serious physical harm ”. N.I.

Commencement Information

I4 Sch. 6 para. 4 in operation at 14.3.2016 by S.R. 2016/136, art. 2(b)