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Justice Act (Northern Ireland) 2016

Status:

This is the original version (as it was originally enacted).

  1. Introductory Text

  2. PART 1 FINES AND OTHER PENALTIES: ENFORCEMENT

    1. CHAPTER 1 Collection of Fines etc.

      1. Introductory

        1. 1.Application of Chapter

      2. Collection officers and orders

        1. 2.Collection officers

        2. 3.Collection order

        3. 4.Additional powers where collection order made

      3. Default on payment

        1. 5.Collection officer to contact debtor in default

        2. 6.Powers of collection officer in relation to debtor in default

        3. 7.Referral to the court: collection officer’s report etc.

        4. 8.Referral to the court in case where no collection order made

        5. 9.Powers of court on referral of debtor’s case

        6. 10.Power to issue arrest warrant where debtor fails to attend hearing

        7. 11.Arrest under warrant under section 10

        8. 12.Remand or committal under section 11

        9. 13.Costs relating to referral of debtor’s case

      4. Deductions from benefits

        1. 14.Application for deduction from benefits

        2. 15.Deduction from benefits: further provision in regulations

        3. 16.Enquiries into debtor’s means

        4. 17.Disclosure of information

      5. Attachment of earnings

        1. 18.Attachment of earnings order

        2. 19.Statement of earnings

      6. Freezing bank accounts etc.

        1. 20.Interim bank account order

        2. 21.Hardship payments

        3. 22.Bank account order

      7. Seizure of vehicles

        1. 23.Vehicle seizure order

      8. Supplementary

        1. 24.Offences

        2. 25.Appeals

        3. 26.Guidance

        4. 27.Interpretation etc.

        5. 28.Minor and consequential amendments

    2. CHAPTER 2 Other enforcement procedures

      1. 29.Supervised activity orders

      2. 30.Restriction on detention of children for default in paying fines, etc.

      3. 31.Distress in default

      4. 32.Limitations on remission

  3. PART 2 The Prison Ombudsman For Northern Ireland

    1. The Ombudsman

      1. 33.The Prison Ombudsman for Northern Ireland

      2. 34.Main functions of Ombudsman

    2. Complaints

      1. 35.Complaints

      2. 36.Report of investigation of complaint

    3. Deaths in custody

      1. 37.Investigations into deaths in custody

      2. 38.Report on investigation into death

    4. Investigations requested by Department

      1. 39.Investigations requested by the Department

      2. 40.Report on investigation under section 39

    5. Own-initiative investigations

      1. 41.Own-initiative investigations

      2. 42.Report on investigation under section 41

    6. Powers of Ombudsman

      1. 43.Powers of Ombudsman

    7. Supplementary

      1. 44.Disclosure of information

      2. 45.Guidance to Ombudsman in relation to matters connected with national security

      3. 46.Interpretation

      4. 47.Transitional provision: the Prisoner Ombudsman for Northern Ireland

  4. PART 3 Miscellaneous

    1. Animal welfare

      1. 48.Penalties for animal welfare offences

    2. Lay visitors

      1. 49.Lay visitors for all police stations

    3. Pornographic or other sexual images

      1. 50.Possession of pornographic images of rape and assault by penetration

      2. 51.Disclosing private sexual photographs and films with intent to cause distress

      3. 52.Meaning of “disclose” and “photograph or film”

      4. 53.Meaning of “private” and “sexual”

    4. Assaulting ambulance workers etc

      1. 54.Offence of assaulting ambulance workers etc

    5. Early removal of prisoners

      1. 55.Early removal from prison of prisoners liable to removal from United Kingdom

      2. 56.Re-entry into Northern Ireland of offender removed under section 55

    6. Direct committal for trial

      1. 57.Direct committal for trial: indictable offence triable summarily

    7. Firearms

      1. 58.Amendments of Firearms (Northern Ireland) Order 2004, etc.

    8. Costs

      1. 59.Costs of Accountant General in administering funds in court

  5. PART 4 General

    1. 60.Regulations and orders

    2. 61.Commencement and short title

  6. SCHEDULES

    1. SCHEDULE 1

      ATTACHMENT OF EARNINGS ORDERS

      1. Service of order

        1. 1.(1) An attachment of earnings order must be served on...

      2. Compliance with order

        1. 2.(1) Where an attachment of earnings order is served on...

      3. Power to determine whether payments are earnings

        1. 3.(1) Where an attachment of earnings order is made, the...

      4. Administrative costs of employer

        1. 4.Regulations may provide that, on any occasion when the debtor’s...

      5. Change of circumstances

        1. 5.(1) If a debtor in relation to whom an attachment...

      6. Variation of order

        1. 6.(1) Where the collection officer makes an attachment of earnings...

      7. Discharge of order

        1. 7.(1) Where the collection officer makes an attachment of earnings...

      8. Prioritisation of orders

        1. 8.(1) Part 2 of Schedule 1 to the Judgments Enforcement...

      9. Crown employment

        1. 9.(1) Where a debtor is employed by the Crown and...

      10. Regulations

        1. 10.Regulations may make further provision relating to attachments of earnings...

    2. SCHEDULE 2

      COLLECTION ORDERS: MINOR AND CONSEQUENTIAL AMENDMENTS

      1. Criminal Justice Act (Northern Ireland) 1945

        1. 1.(1) In section 35 (powers of courts in relation to...

      2. Mines Act (Northern Ireland) 1969

        1. 2.In Schedule 3 (inquiries into fitness of holders of certificates...

      3. Magistrates’ Courts (Northern Ireland) Order 1981

        1. 3.(1) In Article 2(3) (interpretation) at the appropriate place insert—...

      4. Police and Criminal Evidence (Northern Ireland) Order 1989

        1. 4.In Article 19(1) (power of constable to enter and search),...

      5. Road Traffic Offenders (Northern Ireland) Order 1996

        1. 5.(1) In Article 2(2) (interpretation) at the appropriate place insert—...

      6. Criminal Justice and Immigration Act 2008

        1. 6.(1) In section 88 (international co-operation in relation to criminal...

      7. Justice Act (Northern Ireland) 2011

        1. 7.(1) In section 67 (registration of fixed penalty), in subsection...

      8. Justice Act (Northern Ireland) 2015

        1. 8.(1) In section 24 (prosecutorial fines: registration of sum payable...

    3. SCHEDULE 3

      THE PRISON OMBUDSMAN

      1. Appointment, status and term of office

        1. 1.The Department shall appoint a person to be the Ombudsman....

        2. 2.The Ombudsman is not to be regarded as the servant...

        3. 3.(1) A person appointed as Ombudsman holds office for such...

        4. 4.(1) A person holding office as Ombudsman may resign that...

      2. Remuneration and allowances

        1. 5.The Department shall pay the Ombudsman such remuneration and such...

        2. 6.The Department shall pay to or in respect of a...

      3. Appointment of acting Ombudsman

        1. 7.(1) Where the office of Ombudsman becomes vacant, the Department...

      4. The Ombudsman’s officers

        1. 8.(1) The Ombudsman may, with the approval of the Department...

      5. Advisers

        1. 9.The Ombudsman may obtain advice from any person who, in...

      6. Documents

        1. 10.A document purporting to be duly signed by, or on...

      7. Finance

        1. 11.(1) The Department may make payments to the Ombudsman out...

      8. Annual report

        1. 12.(1) As soon as practicable after the end of each...

      9. Data protection

        1. 13.In section 31(4) of the Data Protection Act 1998 (regulatory...

      10. Freedom of information

        1. 14.(1) In section 76(1) of the Freedom of Information Act...

      11. Public Services Ombudsman

        1. 15.In Schedule 3 to the Public Services Ombudsman Act (Northern...

      12. Interpretation

        1. 16.In this Schedule “financial year” means— (a) the period beginning...

    4. SCHEDULE 4

      PRIVATE SEXUAL PHOTOGRAPHS ETC: PROVIDERS OF INFORMATION SOCIETY SERVICES

      1. Exceptions for mere conduits

        1. 1.(1) A service provider is not capable of committing an...

      2. Exception for caching

        1. 2.(1) This paragraph applies where an information society service consists...

      3. Exception for hosting

        1. 3.(1) A service provider is not capable of committing an...

      4. Interpretation

        1. 4.(1) This paragraph applies for the purposes of this Schedule....

    5. SCHEDULE 5

      AMENDMENTS OF THE FIREARMS (NORTHERN IRELAND) ORDER 2004

      1. Part 1 Firearms - Persons under 18

        1. Authorisation of shotgun clubs to allow use of shotguns by persons under the age of 16

          1. 1.(1) In Article 2(2) (interpretation), after the definition of “shotgun...

        2. Other amendments relating to persons under 18

          1. 2.(1) Article 7 (purposes for which a young person may...

      2. Part 2 Firearm certificates and other certificates

        1. Variation of firearm certificate

          1. 3.(1) In Article 11 (variation of firearm certificate), for paragraphs...

        2. Variation of firearms dealer’s certificate

          1. 4.In Article 29(6) (variation of firearms dealer’s certificate), at the...

        3. Updated certificates

          1. 5.(1) In Article 5 (grant of firearm certificate)—

        4. Certificates granted in Great Britain

          1. 6.(1) The following provisions of Article 17 (firearm certificate or...

      3. Part 3 Supplementary

        1. Fees

          1. 7.(1) For Schedule 6 (fees) substitute— SCHEDULE 6 Fees Article...

        2. Consequential amendment

          1. 8.In Article 80(5) (regulations and orders made by the Department...

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