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The Juries (Northern Ireland) Order 1996

Status:

This is the original version (as it was originally made).

SCHEDULES

Article 3(2).

SCHEDULE 1PERSONS DISQUALIFIED FOR JURY SERVICE

1.  Any person who has at any time been convicted by a court in the United Kingdom, the Channel Islands or the Isle of Man and sentenced—

(a)to imprisonment for life or for a term of five years or more; or

(b)to be detained during Her Majesty’s pleasure or during the pleasure of the Secretary of State or during the pleasure of the Governor of Northern Ireland.

2.  Any person who at any time in the last ten years has in the United Kingdom or the Channel Islands or the Isle of Man—

(a)served any part of a sentence of imprisonment or detention; or

(b)been detained in a young offenders centre;

(c)had passed on him or (as the case may be) made in respect of him a suspended sentence of imprisonment or order for detention; or

(d)had made in respect of him a community service order.

3.  Any person who at any time in the last five years has, in the United Kingdom or the Channel Islands or the Isle of Man, been placed on probation.

Article 3(3).

SCHEDULE 2PERSONS INELIGIBLE FOR JURY SERVICE

Persons concerned with the administration of justice

  • Persons holding or who have at any time held any paid, judicial, or other office belonging to any court of justice in Northern Ireland.

  • Justices of the peace.

  • Members of juvenile court panels.

  • The Chairman or President, the Vice-Chairman or Vice-President and the registrar and assistant registrar of any Tribunal.

  • Barristers at law and solicitors whether or not in actual practice as such.

  • Solicitors' clerks.

  • Students of the Inn of Court of Northern Ireland or of the Law Society of Northern Ireland.

  • The Director of Public Prosecutions for Northern Ireland and members of his staff.

  • Officers of the Northern Ireland Office or of the Lord Chancellor’s Department.

  • Members of the Northern Ireland Court Service.

  • Governors, chaplains and other officers of, and members of boards of visitors or visiting committees for, the following establishments—

    (a)

    a prison within the meaning of the [1953 c. 18 (N.I.)] Prison Act (Northern Ireland) 1953;

    (b)

    a remand home, training school, or attendance centre within the meaning of the [1968 c. 34 (N.I.)] Children and Young Persons Act (Northern Ireland) 1968; or

    (c)

    a remand centre or young offenders centre within the meaning of the [1968 c. 29 (N.I.)] Treatment of Offenders Act (Northern Ireland) 1968.

  • The warden or a member of the staff of a bail hostel as defined in Article 2(2) of the [1982 NI 10] Probation Board (Northern Ireland) Order 1982.

  • Members of the Probation Board for Northern Ireland.

  • Probation officers and persons appointed to assist them.

  • A person appointed for the purposes of Article 7(6) of the [1976 NI 4] Treatment of Offenders (Northern Ireland) Order 1976.

  • Members of the Royal Ulster Constabulary and the Royal Ulster Constabulary Reserve and any other person employed in any capacity by virtue of which he has the powers and privileges of a constable.

  • Members and staff of the Police Authority for Northern Ireland and persons employed for police purposes by the Police Authority for Northern Ireland.

  • Members and staff of the Independent Commission for Police Complaints for Northern Ireland.

  • Persons in charge of, or employed in, a forensic science laboratory.

  • Prisoner custody officers within the meaning of section 122(1) of the [1994 c. 33] Criminal Justice and Public Order Act 1994.

  • Members and employees of the Criminal Cases Review Commission.

  • Persons who at any time within the past ten years have been persons falling within any of the foregoing descriptions (except the first) of persons concerned with the administration of justice.

The Forces

  • Persons serving on full pay as members of any of the naval, military or air forces of the Crown raised in the United Kingdom.

  • Members of the Royal Irish Regiment.

Other persons

  • Persons suffering from mental disorder within the meaning of the [1986 NI 4] Mental Health (Northern Ireland) Order 1986.

  • Persons unable to understand the English language.

Article 10(2).

SCHEDULE 3PERSONS EXCUSABLE FROM JURY SERVICE AS OF RIGHT

Parliament

  • Peers and peeresses entitled to receive writs of summons to attend the House of Lords.

  • Members of the House of Commons.

Northern Ireland Assembly

  • Members of the Northern Ireland Assembly.

  • Officers and servants of the Northern Ireland Assembly.

European Parliament

  • Representatives to the European Parliament.

Public officials

  • The Northern Ireland Parliamentary Commissioner for Administration and the Northern Ireland Commissioner for Complaints.

  • Persons in the Northern Ireland Civil Service receiving a salary on a scale the maximum of which is not lower than the maximum of the Grade 5 scale.

  • The Chief Electoral Officer and persons appointed to assist him.

  • The Comptroller and Auditor General for Northern Ireland.

  • The Secretary and any Director of the Northern Ireland Audit Office.

  • Officers employed in any capacity by the Commissioners of Customs and Excise, or Commissioners of Inland Revenue.

  • Officers in charge of a head office in Northern Ireland of a department of the Government of the United Kingdom.

  • Inspectors of schools.

  • Inspectors appointed under section 123 of the [1969 c. 6 (N.I.)] Mines Act (Northern Ireland) 1969.

Clergy, etc.

  • A person in Holy Orders and a regular minister of any religious denomination.

  • Vowed members of any religious order living in a monastery, convent or other religious community.

  • Practising members of a religious society or order the tenets or beliefs of which are incompatible with jury service.

Professions

  • Professors and members of the teaching staff of a university or institution of further education and full-time teachers in any school.

  • Masters of vessels, duly licensed pilots and lighthouse keepers.

  • The following persons, if actually practising their profession and registered (including provisionally or temporarily registered), enrolled or certified under the statutory provisions relating to that profession—

    • medical practitioners;

    • dentists;

    • nurses;

    • midwives;

    • veterinary surgeons and veterinary practitioners;

    • pharmaceutical chemists.

Persons aged between 65 and 70 years

  • Persons aged between 65 and 70 years.

Article 31(2), (3).

SCHEDULE 4CORONERS JURIES

PART IMODIFICATIONS OF PROVISIONS OF THIS ORDER

1.  Any reference to a court includes a reference to a coroner or, as the context requires, to an inquest.

2.  Any reference to a judge (with or without qualifying words) includes a reference to a coroner (without qualifying words).

3.  Any reference to a jury includes a reference to a coroner’s jury.

4.  In Article 5(4) and (5) “the Divisional Jurors List” includes a part of that list.

5.  Articles 10(7) and 11(3) shall apply to rules under section 36(1) of the [1959 c. 15 (N.I.)] Coroners Act (Northern Ireland) 1959 as they apply to rules of court and Crown Court rules.

6.  In Article 24 “trial” includes inquest.

PART IIAMENDMENTS OF CORONERS ACT (NORTHERN IRELAND) 1959

1.  In section 18 (summoning of jurors)—

(a)in subsection (1), for the words from “district inspector” to “current year” substitute “Juries Officer to summon a sufficient number of persons in accordance with the Juries (Northern Ireland) Order 1996”;

(b)after subsection (2) add the following subsection—

(3) In sub-section (1) “the Juries Officer” means the Juries Officer for the county court division which includes the place specified by the coroner under that sub-section..

2.  In Section 31(2) (summoning of another jury where jury unable to agree), for the words “district inspector” to “another jury” substitute “Juries Officer for the county court division where the inquest is held to summon another jury in accordance with the Juries (Northern Ireland) Order 1996”.

3.  In section 32(1) (power to arrange for removal of body to district of another coroner), for “summoning a jury” substitute “causing a jury to be summoned”.

Article 32(3).

SCHEDULE 5REPEALS AND REVOCATIONS

Chapter or NumberShort TitleExtent of Repeal or Revocation
7 Will. 3 c. 8 (Ir.).The Life Estates Act (Ireland) 1695.Section 2.
9 Geo. 4 c. 54.The Criminal Law (Ireland) Act 1828.

Section 9.

Section 32.

14 & 15 Vict. c. 90.The Fines Act (Ireland) 1851.

In section 2, paragraph 2.

In section 3, paragraph 1.

27 & 28 Vict. c. 71.The Railways Act (Ireland) 1864.Section 4.
34 & 35 Vict. c. 65.The Juries Act (Ireland) 1871.The whole Act.
39 & 40 Vict. c. 78.The Juries Procedure (Ireland) Act 1876.The whole Act.
41 & 42 Vict. c. 69.The Petty Sessions Clerks and Fines (Ireland) Act 1878.The whole Act.
16 & 17 Geo. 5 c. 15.The Jury Laws Amendment Act (Northern Ireland) 1926.The whole Act.
1945 c. 15.The Criminal Justice Act (Northern Ireland) 1945.Sections 39 and 40.
1953 c. 19.The Juries Act (Northern Ireland) 1953.The whole Act.
1954 c. 9.The Administration of Justice Act (Northern Ireland) 1954.In the Sixth Schedule, the entry relating to the Petty Sessions Clerks and Fines (Ireland) Act 1878.
S.R. & O. (N.I.) 1958 No. 1.The Jurors (Service of Summonses) Regulations (Northern Ireland) 1958.The whole regulations.
1959 c. 15.The Coroners Act (Northern Ireland) 1959.

In section 19, the words “juror or”.

In section 20, in subsections (1) and (2), the words “as a juror or”.

1963 c. 5.The Recorded Delivery Service Act (Northern Ireland) 1963.In the Schedule, paragraph 3.
1967 c. 18.The Criminal Law Act (Northern Ireland) 1967.In Schedule 1, in paragraph 22, sub-paragraph (c).
1969 c. 48.The Post Office Act 1969.In Schedule 4, in paragraph 14 the words “and section 22 of the Juries Act (Ireland) 1871” and the word “each”; and paragraph 56.
S.I. 1973/2163.The Northern Ireland (Modification of Enactments—No. 1) Order 1973.

In Schedule 1, the entries relating to—

(a)

section 7 of the Juries Procedure (Ireland) Act 1876;

(b)

the Juries Act (Northern Ireland) 1953.

In Schedule 5, paragraph 36.

1974 NI 6.The Juries (Northern Ireland) Order 1974.The whole Order.
1976 NI 4.The Treatment of Offenders (Northern Ireland) Order 1976.In Schedule 2, paragraphs 7 and 8.
1978 c. 10.The European Assembly Elections Act 1978.In section 5(1)) the words from “and in Schedule 2” to “in Northern Ireland)”.
1978 c. 23.The Judicature (Northern Ireland) Act 1978.

Section 63.

In section 64—

(a)

in subsection (1), the words from “and in relation” onwards;

(b)

subsections (2) to (4).

In section 65, subsection (2).

In Schedule 5, the entries relating to—

(a)

sections 2 and 3 of the Fines Act (Ireland) 1851;

(b)

the Juries Act (Ireland) 1871;

(c)

the Juries Act (Northern Ireland) 1953;

(d)

the Juries (Northern Ireland) Order 1974.

S.R. 1979 No. 264.The Juries (Divisional Jurors Lists) Regulations (Northern Ireland) 1979.Regulations 4,6 and 7(1).
1980 NI 6.The Criminal Justice (Northern Ireland) Order 1980.In Schedule 1, paragraphs 71 and 81.
S.R. 1982 No. 192.The Under-Sheriffs (Abolition of Office and Transfer of Functions) Order (Northern Ireland) 1982.In Schedule 1, the entries relating to the Acts of 1871 and 1876, the Regulations of 1958 and the Order of 1974.
1986 NI 4.The Mental Health (Northern Ireland) Order 1986.In Schedule 5 the amendment of the Juries (Northern Ireland) Order 1974.
1994 c. 33.The Criminal Justice and Public Order Act 1994.In Schedule 10, paragraph 31.

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