The Criminal Justice (Northern Ireland) Order 1991

Powers of Probation Board and of inspectors

7.—(1) The Probation Board (Northern Ireland) Order 1982(1) shall have effect subject to the following provisions of this Article.

(2) In Article 4(2)(d) (power of Board to enter into arrangements with voluntary organisations, etc.) for head (ii) there shall be substituted the following head—

“(ii) to give effect to schemes for the supervision and assistance of offenders and the prevention of crime, whether made by those organisations or persons or made by the Board under sub-paragraph (c).”.

(3) For Article 14 there shall be substituted the following Article—

“Powers of inspection

14.— (1) An inspector may, with the approval of the Secretary of State, at any time carry out an inspection of the exercise by the Board and the members of the staff of the Board of their functions under this Order and any other statutory provision, or such of those functions as the Secretary of State may direct.

(2) Where an inspector is carrying out an inspection under paragraph (1), the Board and the members of the staff of the Board shall—

(a) furnish the inspector with, and permit him to inspect, such accounts, books, records, documents and papers of the Board as the inspector may reasonably require and give the inspector such explanation of them as he may reasonably require;

(b) furnish the inspector with such other information with respect to the Board’s property and activities as the inspector may reasonably require.

(3) Where an organisation or person has entered into arrangements with the Board under Article 4(2)(d), that organisation or person and the officers and employees of that organisation or person shall—

(a) furnish an inspector with, and permit him to inspect and make copies of, such accounts, books, records, documents and papers of that organisation or person relating to those arrangements as the inspector may reasonably require for the purposes of an inspection under paragraph (1) and give the inspector such explanation of them as he may reasonably require;

(b) furnish an inspector with such other information with respect to the carrying out of those arrangements by that organisation or person as he may reasonably require for the purposes of such an inspection.

(4) On the conclusion of an inspection under paragraph (1), an inspector shall make a report to the Secretary of State who may, if he thinks fit, publish that report in such form as he thinks fit.

(5) An inspector may at any reasonable time and whether in the course of an inspection under paragraph (1) or not—

(a) enter (on production if required of his credentials) and inspect any relevant establishment;

(b) make such investigation as he thinks fit of the management of that establishment and of the treatment of persons residing, working or otherwise present in that establishment.

(6) Any person who obstructs an inspector in the exercise of his powers under this Article shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 1 on the standard scale.

(7) The expenses incurred by an inspector under this Article shall be defrayed by the Secretary of State.

(8) In this Article and Article 15(1)—

“inspector” means a person appointed by the Secretary of State for the purposes of this Article;

“relevant establishment” means—

(a)

a probation hostel;

(b)

a bail hostel;

(c)

any other establishment provided by the Board under Article 4;

(d)

any establishment in respect of which arrangements have been entered into by the Board under Article 4(2)(d);

(e)

any other place where schemes mentioned in Article 4(2)(c) or (d)(ii) are given effect.”.

(4) In Article 15 (rules and regulations) for paragraph (1) there shall be substituted the following paragraph—

“(1) The Secretary of State may make rules—

(a) for the regulation and management of relevant establishments; and

(b) for the regulation of an inspection under Article 14(1) and of the exercise (otherwise than in the course of such an inspection) of the powers of an inspector under Article 14(5).”.

(1)

1982 NI 10