Explanatory Notes
Court Security
Sections 79-81: Court security and court security officers
156.Section 79(1) imposes a duty on the Northern Ireland Court Service to take all reasonable steps to provide security at court-houses. Subsections (2) and (3) provide that court security officers will be employed at each courthouse. These officers may be either members of the Court Service’s own staff designated as such, or employees of other organisations with which the Court Service has entered into arrangements for the provision of court security officers under section 69 of the Judicature (Northern Ireland) Act 1978. Section 80 sets out the powers and duties of court security officers. Section 81 creates two new offences: first, an offence of assaulting a court security officer in the execution of his duty, which is punishable by a fine not exceeding level 5 on the standard scale or 6 months imprisonment or both, and secondly, an offence of resisting or intentionally obstructing a court security officer, which is punishable by a fine not exceeding level 3 on the standard scale. The present maximum fine on those scales is £5,000 and £1,000 respectively.
Part 6: Supplementary
Section 82: Excepted matters: judicial office-holders
157.At present, the Northern Ireland Assembly cannot legislate about the appointment and removal of specified judicial office holders: those are “excepted” matters under the Northern Ireland Act 1998. This section provides for the appointment and removal of judicial office holders to become a “reserved” matter, in preparation for the transfer of this power from Westminster to the Northern Ireland Assembly by order once responsibility for justice matters is devolved as recommended by the Review(7). Remuneration, superannuation and other terms and conditions of holders of these judicial offices (other than those relating to removal from office) are, however, to remain an “excepted” matter.
Section 83: Reserved matters: new institutions
158.This section adds the Chief Inspector of Criminal Justice in Northern Ireland, the Northern Ireland Law Commission and local community partnerships to the list of organisations in Schedule 3 to the Northern Ireland Act 1998. It makes clear that those bodies fall within the reserved field before devolution of justice matters, and it will allow them to be transferred on devolution.
Section 84: Assembly Acts about judiciary, law officers and prosecutions
159.Subsection (1) amends the Northern Ireland Act 1998 to add to the list of entrenched enactments in section 7 of that Act section 1 of this Act (judicial independence) and this section. These provisions of the Act therefore cannot therefore be modified by the Assembly or by a Minister of the Assembly.
160.The effect of subsection (2) is to require that, after devolution of justice functions, any Bill of the Northern Ireland Assembly that deals with certain matters relating to the judiciary, prosecution service or Attorney General for Northern Ireland will require cross-community support. Section 4(5) of the Northern Ireland Act 1998 defines cross-community support as -
the support of a majority of members voting, a majority of the designated Nationalists voting and a majority of the designated Unionists voting; or
the support of 60 per cent of the members voting, 40 per cent of the designated Nationalists voting and 40 per cent of the designated Unionists voting.
Section 89: Transitionals and savings
161.Subsection (2) ensures that the current holders of the posts of Director and Deputy Director of Public Prosecutions for Northern Ireland will continue to hold office when the provisions relating to the Public Prosecution Service for Northern Ireland are commenced.
162.If, when section 31 (conduct of prosecutions) comes into force, it is not practicable for the Director of Public Prosecutions to have the conduct of criminal proceedings for all indictable and summary offences, subsection (4) of this section allows him to take over only the conduct of proceedings which it is practicable for him to do so until such a time as he can carry out all such prosecutions , but specifies that this will be completed within 5 years of the commencement of section 31(1).
163.Subsections (8) and (10) ensure that no one can be dealt with by the making of a reparation order or community responsibility order nor can a child and offence be referred to either a diversionary youth conference or a court-ordered youth conference in relation to an offence committed before the commencement of the relevant provisions.
Section 90: Statutory rules
164.This section provides for orders, regulations or schemes made by either the Lord Chancellor, the Secretary of State or the First Minister and deputy First Minister to be made by statutory rule.
Section 91: Extent
165.This section makes it clear that most of the provisions of the Act will apply only to Northern Ireland (subsection (1)). The exceptions, which are listed in subsection (2), are the transfer of functions of justices of the peace (section 10(6) and paragraphs 5 and 6 of Schedule 4) and the establishment of the office of Advocate General for Northern Ireland (section 22(1) and 27(1)). Amendments effected by the Act will have the same extent as the provisions they amend (subsection (3)).
Schedule 1: Listed Judicial Offices
166.This Schedule lists the offices to which people can only be appointed if they are selected by the Judicial Appointments Commission and from which they can only be removed following a recommendation by a tribunal convened under section 8. It is brought into effect by section 2.
Schedule 2: Judicial Appointments Commission
167.This Schedule sets out provisions about the members of the Judicial Appointments Commission and the arrangements for its staffing and procedure. Paragraph 1 provides for judicial members to remain on the Commission for as long as they hold their judicial office. Judicial members may resign or may be removed from office by the First Minister and deputy First Minister on the advice of the Lord Chief Justice.
168.Paragraph 2 sets out the term of office of non-judicial members, including maximum periods of appointment and resignation and dismissal criteria. Paragraph 3 requires the Commission to pay non-judicial members remuneration as decided by the First Minister and deputy First Minister. Paragraph 4 sets out the staffing arrangements for the Commission. Sub-paragraph (3) provides for pensions for Commission staff.
169.Paragraph 5 requires the Commission to publish an annual report at the end of each financial year. The report must include statistical information about the gender, age, ethnic origins, community background and geographical connection of applicants for judicial posts. A copy of the report must be sent to the First Minister and deputy First Minister, laid before the Assembly and then published.
170.Paragraphs 6 and 7 enable the First Minister and deputy First Minister to make grants to the Commission and require the Commission to keep proper accounts and financial records.
171.Paragraphs 8 to 10 make provision for the Commission to set up committees and sub-committees and regulate their procedure. Committees and sub-committees may consist of or include persons who are not members of the Commission.
172.Paragraphs 11 and 12 provide for the Commission to delegate its functions to a committee. Committees may further delegate to sub-committees. When the power to select a person for appointment is delegated then the committee or sub-committee must include a member of the Commission and, if that member is not a lay member, a lay person.
173.Paragraphs 13 to 17 deal with miscellaneous matters including the status of the Commission.
Schedule 3: Appointment to Listed Judicial Offices
174.Schedule 3 transfers to the First Minister and deputy First Minister, acting jointly, the power to make appointments or recommendations for appointment, to listed judicial offices. This Schedule is not intended to take effect until after the devolution of justice functions when the Judicial Appointments Commission is set up.
Schedule 4: Functions of Justices of the Peace
175.Section 10(1) provides for the transfer of functions of justices of the peace to lay magistrates, subject to section 10(2) and to Schedule 4. Paragraph 1 lists the functions which will continue to be exercised by justices of the peace in Northern Ireland; paragraph 2 deals with functions which may be discharged by either justices of the peace or lay magistrates; and paragraph 3 sets out functions of justices of the peace which will be exercisable only by resident magistrates after the creation of the office of lay magistrate. Paragraphs 4 and 5 enable the Lord Chancellor to amend the provisions on the transfer of functions. Paragraph 6 provides for references to justices of the peace to be construed as references to lay magistrates, so far as appropriate in consequence of the provisions of section 10 and this Schedule. The rest of the Schedule contains consequential amendments.
Schedule 5: Transfer of Functions to Lord Chief Justice
176.This Schedule lists the functions of the Lord Chancellor in relation to the operation of the courts which will transfer to the Lord Chief Justice following the devolution of responsibility for justice matters to the Northern Ireland Assembly.
Schedule 6: Office-Holders Required to Take Judicial Oath
177.This Schedule lists the offices for which new appointees will be required to take the new oath or make the new affirmation and declaration.
Schedule 7: Functions of Advocate General
178.The changes in this Schedule are not intended to take effect until after the devolution of justice functions and the appointment of a local Attorney General for Northern Ireland.
179.Paragraph 1 of the Schedule amends the Northern Ireland Act 1998 to allow the Advocate General for Northern Ireland to refer Bills of the Northern Ireland Assembly to the Judicial Committee of the Privy Council if he is unsure if they are within the legislative competence of the Assembly. The Attorney General for Northern Ireland will continue to have the same power.
180.Paragraph 2 makes amendments to the Northern Ireland Act 1998, in order to involve both the Advocate General for Northern Ireland and the Attorney General for Northern Ireland in the institution and defence of proceedings in relation to devolution issues. Paragraphs 3 and 4 amend corresponding provisions in the Scotland Act 1998 and the Government of Wales Act 1998 to substitute references to the Attorney General for Northern Ireland.
181.Paragraph 11 makes arrangements for the carrying out of the functions of the Attorney General in the event that the operation of the Northern Ireland Assembly is suspended under the Northern Ireland Act 2000 after the devolution of justice functions. If that were to happen, the Attorney’s functions would be exercised by the Advocate General for Northern Ireland for the duration of the period of suspension. If, at any stage after devolution the post of Attorney General for Northern Ireland is vacant, paragraph 12 requires the First Minister and deputy First Minister to consult the Advocate General before filling the post temporarily.
182.Under paragraph 14, it is for the Advocate General for Northern Ireland to appoint the Crown Solicitor for Northern Ireland. The holder of this post represents the Crown in civil matters in Northern Ireland. As many of these fall within the “excepted” field the power to appoint an individual to hold this post should be for the Advocate General for Northern Ireland to exercise.
183.Under paragraphs 18 to 20 it will become the responsibility of the Advocate General for Northern Ireland to appoint special advocates to represent prisoners in front of the Sentence Review Commissioners on those occasions where the prisoners themselves are not allowed to appear. Special advocates are also used in tribunals convened under section 91(7) of the Northern Ireland Act 1998.
184.Paragraphs 21 to 23 make changes to the Terrorism Act 2000 so that it will be the responsibility of the Advocate General for Northern Ireland to determine the mode of trial for proceedings for a scheduled offence. These are tried in Northern Ireland by means of the Diplock court system. It would be for the Advocate General for Northern Ireland to determine in each case whether the context of the offence indicates that it should be tried by a judge sitting alone or by a judge with a jury. If he determines that it should go through the more standard procedure, the Advocate General for Northern Ireland would then issue a certificate to remove that case from the Diplock system. The prosecution would then proceed as with other, non-scheduled offences and be purely the responsibility of the prosecution service from that point onwards.
185.Paragraphs 24 to 36 make changes to those offences which currently require the consent of the Attorney General before a prosecution can be undertaken. It would not be consistent with the independence of the new prosecution service for the local Attorney to make decisions as to whether prosecutions should go ahead, particularly when the Criminal Justice Review Group recommended that the local Attorney should have no power to direct the prosecutor on individual cases (paragraph 4.162 of the Review). Accordingly, the power of the Attorney to consent to prosecutions will be transferred to the Director of Public Prosecutions, except in those cases when the offences are related to “excepted” matters (as set out in Schedule 2 to the Northern Ireland Act 1998). The provisions in these paragraphs transfer the power to give consent in cases related to “excepted” matters to the Advocate General for Northern Ireland.
Schedule 8: Chief Inspector of Criminal Justice
186.This Schedule deals with operational issues, such as appointment, tenure and staffing. Paragraph 4 requires the Chief Inspector to send a report each financial year to the Secretary of State, who is required to publish it.
187.Paragraph 7 enables the Chief Inspector of Criminal Justice to delegate any of his functions to a member of his staff, to members of the United Kingdom or Northern Ireland civil service who are assisting him or to Her Majesty’s Inspector of Constabulary, Her Majesty’s Chief Inspector of Prisons or Her Majesty’s Chief Inspector of the Crown Prosecution Service.
188.Paragraph 8 deals with the relationship between the Chief Inspector and those appointed under section 41(1) of the Police (Northern Ireland) Act 1998 as inspectors of constabulary for Northern Ireland ( “HMIC”). The effect is that if the Chief Inspector considers that any particular inspection should be carried out in relation to the Police Service of Northern Ireland or the Police Service of Northern Ireland Reserve he must give HMIC the option of carrying out that inspection. If HMIC do not wish to carry out the inspection, the Chief Inspector may do so, but only after consulting the Secretary of State with a view to obtaining his approval for the inspection. If the Secretary of State did not give his approval, it would still be open to the Chief Inspector to go ahead and carry out the inspection.
189.Paragraph 11 allows the Chief Inspector to do anything which a private person could do, apart from borrow money, if he considers it appropriate for facilitating, or incidental or conducive to, the exercise of his functions. In particular, this would allow him to enter into contracts and other arrangements.
Schedule 9: Law Commission
190.Paragraph 1(4) sets out the grounds for dismissal of a Commissioner by the Secretary of State, which include a conviction for a criminal offence and bankruptcy. Paragraph 2 provides for a person holding judicial office to be appointed as a Commissioner without relinquishing that office. Except for a person holding full-time judicial office, paragraph 3 makes provision for payment to Commissioners of remuneration, allowances and sums for the provision of pensions.
191.Paragraph 4 requires the Secretary of State to approve the Commission’s staffing complement, their salary and terms of employment. It enables the Commission to perform its functions by arranging to engage the assistance of members of the Civil Service and the Northern Ireland Court Service. Paragraphs 4(3) and 4(4) deal with superannuation provisions for staff in the employ of the Commission.
192.Paragraph 5 enables the Secretary of State to make grants to the Commission. Paragraph 6 sets out requirements on the Commission in terms of financial accountability.
Schedule 10: Youth Justice Orders: Enforcement Etc
193.This Schedule adds Schedule 1A to the 1998 Order. This makes provision dealing with the consequences of a breach of a reparation order, community responsibility order or youth conference order (each of which is referred to as a “relevant order” in the Schedule) and the revocation and amendment of a relevant order.
194.If a person in respect of whom a relevant order is in force breaches that order there are two possible ways the matter could be dealt with by the courts, following an application by the responsible officer:
it could impose an additional order as punishment for the breach (paragraph 3); or
it could revoke the relevant order and re-sentence the offender for the original offence (paragraph 4).
195.When dealing with an offender under paragraph 3 or 4, the court must take into account the extent to which the offender has complied with the relevant order (paragraph 2(3)).
196.Paragraph 3 deals with the imposition of an additional order by the court for breach of the relevant order. The application must be brought to the youth court. Sub-paragraph (1) sets out what additional orders may be imposed. If such an order is made the offender is then subject to both the original relevant order and the new order imposed by the court as punishment for the breach. This paragraph makes certain modifications to the basic provisions relating to the orders which may be imposed for breach to ensure they work properly in this context. In relation to community service orders, sub-paragraph (5) provides that there is to be no minimum period for such an order when imposed for breach and a maximum of 60 hours. This is in contrast to the position where a community service order is imposed for an offence in which case it must be of at least 40 hours and no more than 240 hours (Article 13(2) of the 1996 Order).
197.Paragraph 4 deals with the situation where the court thinks an additional order is not appropriate punishment for the breach of the relevant order and wants instead to revoke it and re-sentence the offender for the original offence. Sub-paragraph (6) of paragraph 4 allows a court when re-sentencing an offender who has persistently failed to comply with a requirement to assume that the offender has not consented to the relevant order. This provision makes it clear that, where an offender breaches a relevant order, the court can rely on Article 19(3) of the 1996 Order and impose a custodial sentence despite Article 19(2) of that Order. Article 19(2) provides that a court may only impose a custodial sentence for an offence where it is of the opinion that the offence was so serious that only such a sentence was justified or, in the case of a violent or sexual offence, that only a custodial sentence would be adequate to protect the public from serious harm. Article 19(3) provides that nothing in paragraph 2 of that Article prevents a court from passing a custodial sentence where the offender refuses to give his consent to a community sentence proposed by the court and which requires his consent.
198.Paragraph 5 enables the responsible officer or the offender to apply to the court for the revocation or amendment of the relevant order or for an extension of the time within which the relevant order must be complied with. The powers provided by this paragraph are not dependent on the offender being in breach of the relevant order, but could be exercised in those circumstances instead of the specific powers to deal with breach discussed above.
199.Paragraph 6 makes provision for the situation where the offender in respect of whom a relevant order is in force is convicted of another offence. This paragraph ensures that the courts have the power to make any order in respect of the relevant order necessary to take account of the subsequent conviction. The powers are the same as those conferred on the court under paragraph 5 of the Schedule – to revoke or vary the relevant order or extend the period within which it must be complied with.
200.Paragraph 8 provides that the offender must be in court before the court can make an order under paragraphs 3, 4, 5 or 6 in respect of him, subject to the minor exceptions in sub-paragraph (8). It sets out a procedure whereby the court can secure the presence of the offender in court. The reference in sub-paragraph (6)(b) to the place “to which it [the court] would remand him if making an order under Article 13” is a reference to the place of remand provided for by Article 13 of the 1998 Order for children. Article 13 is amended by paragraph 69 of Schedule 12.
201.A right of appeal against decisions under this Schedule is provided by the amendments to Article 140 of the Magistrates’ Court (Northern Ireland) Order 1981 (appeal from magistrates’ court) (see paragraphs 29 to 31 of Schedule 12) and to section 9 of the Criminal Appeal (Northern Ireland) Act 1980 (appeal from Crown Court) (see paragraph 15of Schedule 12).
Schedule 11: Extension of Youth Justice System to 17 Year Olds
202.These amendments provide that a person who is under 18 is treated as a child for the purposes of criminal proceedings against him.
Schedule 12: Minor and Consequential Amendments
203.This Schedule makes a number of minor and consequential amendments.
204.Paragraphs 1, 2 and 6 of this Schedule replicate amendments made by the Prosecution of Offences (Northern Ireland) Order 1972, which is repealed by this Act.
205.Paragraphs 3, 4 and 5 make minor amendments to the County Courts Act (Northern Ireland) 1959, including clarifying that one or more judges may be assigned to each county court division. Paragraph 4 also reflects the current position in Belfast where four judges are assigned to Belfast, one of whom is appointed Recorder of Belfast. Paragraph 5 is consequential on the repeal of section 105(3) of that Act (which makes provision about judicial oaths, now provided for by section 19).
206.Paragraphs 7, 8 and 9 make amendments to the Law Commission Act 1965 consequential on the establishment of an independent Northern Ireland Law Commission.
207.Paragraphs 10, 11 and 12 make minor amendments to the Administration of Justice Act 1973, including provision for the salaries of judges of the Supreme Court in Northern Ireland to be paid out of the Consolidated Fund of Northern Ireland. Paragraph 12 provides that the power of the Lord Chancellor to declare a higher judicial office vacant where the holder of that office is so incapacitated that he cannot resign it shall not be exercisable in respect of judges to whom section 7 of this Act applies.
208.Paragraph 13 amends the manner in which a judge of the Supreme Court in Northern Ireland may resign, by providing that the Lord Chief Justice or a Lord Justice of Appeal may tender a letter of resignation to her Majesty, and a judge of the High Court may write to the First Minister and deputy First Minister.
209.Paragraph 15 amends the Criminal Appeal (Northern Ireland) Act 1980 to provide for appeals against sentence following proceedings for breach of a youth conference order (see Schedule 10).
210.Paragraphs 16 to 28 amend the 1981 Order. Paragraph 17 is consequential on the repeal of paragraph 5 of Schedule 1 to the 1981 Order (which provided for legal aid for proceedings before a coroner). Paragraph 18 provides that advice and assistance under the 1981 Order will not be available for proceedings in respect of which exceptional legal aid is available under a direction given by the Lord Chancellor (provided for by section 76). This replicates the existing restriction on the availability of advice and assistance when a civil aid certificate is in force.
211.Paragraphs 19 and 20 are consequential on the repeal of Article 10(6) of the 1981 Order (position of providers and parties where services are given by way of legal aid) and the re-enactment of the same provisions (provided for by paragraph 20). Paragraph 21 amends the effect of the indemnity granted in relation to contributions to include contributions arising from a grant of exceptional legal aid (provided for by section 76).
212.Paragraphs 24 to 26 make amendments consequential on the provision of free legal aid for diversionary youth conferences (see section 61).
213.Paragraph 40 amends the definition of “place of safety” in the Mental Health (Northern Ireland) Order 1986 to include any young offenders centre and any secure accommodation provided by the Health and Social Services Boards in Northern Ireland.
214.The amendment in paragraph 41 to Schedule 3 to the Criminal Justice Act 1988 is consequential on section 41(5) which allows the Director of Public Prosecutions for Northern Ireland (instead of the Attorney General for Northern Ireland) to make an appeal where it is thought that a sentence handed down by a court is unduly lenient .
215.Paragraphs 42 to 46 amend the Police and Criminal Evidence (Northern Ireland) Order 1989 (the “1989 Order”). Paragraph 43 adds definitions of “juvenile justice centre”, “secure accommodation” and “young offenders centre”, which are referred to in the substantive amendments made by paragraphs 44 to 46 of Schedule 12 to the 1989 Order. Article 19(1)(d) of that Order provides that a constable may enter premises without a search warrant for the purposes of recapturing a person who is unlawfully at large from specified custodial institutions. Paragraph 45adds secure accommodation (used for detaining a child who is subject to a custody care order) to that list. Article 39 of the 1989 Order provides for the detention after arrest of juveniles in a place of safety. Paragraph 46 extends the definition of “place of safety” to include young offenders centres and secure accommodation.
216.Paragraph 53 amends Schedule 2 to the Juries Order 1996 to include court security officers, the Director and Deputy Director of the Public Prosecution Service and members of staff of the Public Prosecution Service and the Chief Inspector of Criminal Justice and his staff within the list of persons who are ineligible for jury service.
217.Paragraph 55(2) provides that reparation orders and community responsibility orders are added to the definition of a “community order” for the purposes of the1996 Order. Sub-paragraph (4) provides that an order sending an offender to secure accommodation is included in the definition of “custodial sentence”.
218.Paragraph 56 amends Article 9(3) of the 1996 Order (procedural requirements for community orders) to include “reparation order” and “community responsibility order” so that those provisions apply to these new orders. As a consequence of the creation of custody care orders (provided for by section 56) the definition of orders on which restrictions are imposed by Article 18(1) is extended to include a custody care order (paragraph 57).
219.Paragraph 58 adds references to a youth conference order to Article 19(3) of the 1996 Order. This has the effect that a court is not prevented from passing a custodial sentence if the offender refuses to consent to a youth conference order.
220.Paragraph 61 amends section 42(3) of the Police (Northern Ireland) Act 1998 to include the Chief Inspector of Criminal Justice in the list of those who must receive a copy of a report by Her Majesty’s Inspector of Constabulary on the Police Service of Northern Ireland.
221.Paragraphs 63 and 64 designate the Chief Inspector of Criminal Justice and the Law Commission for the purposes of sections 75 and 76 of the Northern Ireland Act 1998 respectively.
222.The amendments set out in paragraph 65 of the Schedule are consequent on making the role and functions of the Advocate General for Northern Ireland an “excepted” matter (see commentary on section 27 above). They exclude the Advocate General from the list of justice matters in the reserved field (as set out in Schedule 3 to the Northern Ireland Act 1998).
223.Paragraph 67 adds a number of definitions to the 1998 Order consequential on the provision made by Part 4 of this Act.
224.Paragraph 68 amends Article 8(3) and (4) of the 1998 Order to provide that if a child under 14 cannot be released before he appears in court, he must be held in secure accommodation rather than in a juvenile justice centre.
225.Paragraph 69 amends Article 13 (remand in custody) of the 1998 Order. Children under 14 must be held in secure accommodation. Those who are 14 but not yet 17 must be held in a juvenile justice centre, unless, in the case of a child who has attained the age of 15, the court considers he is likely to injure himself or someone else, in which case he must be held in a young offenders centre. Those children who have attained the age of 17 must be held in a young offenders centre unless two conditions are met. These are that, when he was first remanded in custody, he was not yet 17 years and 6 months old and that he has not had a custodial sentence passed on him in the previous two years. If these conditions are met the court must send him to a juvenile justice centre if it thinks that such an order is in the child’s best interests.
226.Paragraph 70 adds references to youth conference orders to Article 30(3) of the 1998 Order. This ensures that the youth court retains jurisdiction to deal with breach of such orders, or to amend or discharge them, even though the offender has attained the age of 18 since the order was made.
227.Paragraph 71 amends Article 37(4) (requirements of attendance centre orders) of the 1998 Order. This brings the language of the 1998 Order into line with Article 14 of the 1996 Order.
228.Paragraph 72 amends Article 39(1) of the 1998 Order to provide, firstly, that juvenile justice centre orders cannot be made in respect of an offender who has not attained the age of 14 (for such offenders a custody care order is available) and, secondly, to clarify for which offences such orders are not appropriate.
229.Paragraph 73 amends Article 41 of the 1998 Order. It omits reference to breach of juvenile justice centre orders by children under 14 as they will no longer be subject to such orders. It also provides that where a court orders an offender to be detained for breach of a juvenile justice centre order he will be held in a juvenile justice centre if he has not yet attained the age of 17 and a young offenders centre if he has, unless certain conditions are satisfied. Those conditions are that the offender is 17 but will not be 18 within the next 30 days (the maximum period for which he can be detained for breach) and that he has not had a custodial sentence (other than the juvenile justice centre order in respect of which he is in breach) in the previous two years. If these conditions are met and the court thinks it is in the child’s best interest to be detained in a juvenile justice centre, he will be detained in such a place. It also provides that where a fine is imposed for breach of the supervision requirements of a juvenile justice centre order, the court must (if the child is under 16) or may (if the child has attained that age) order that the fine be paid by the child’s parent or guardian instead of the child.
230.Paragraph 74 amends Article 44(1) of the 1998 Order to remove the obligation on a court to revoke a juvenile justice centre order on subsequent conviction unless it intends to impose a further custodial sentence. This corrects an anomaly in the 1998 Order where, if the child was in custody, the court had to revoke that sentence even if only to pass a non-custodial sentence.
231.Paragraph 75 amends Article 56(5)(a) of the 1998 Order to provide that the Secretary of State may by order provide that the functions of the Juvenile Justice Board shall include power to make and give effect to schemes for children who are subject to reparation orders, community responsibility orders and youth conference plans.
232.Paragraphs 76 to 79 amend the Northern Ireland Act 2000. During any period in which section 1 of that Act is in force (when devolved government in Northern Ireland is suspended) no person may continue to hold office or be appointed as Attorney General for Northern Ireland. On restoration, the Attorney General who held office immediately before suspension would resume office, unless his term of appointment had expired, in which case a new Attorney General would be appointed in accordance with section 22.
233.Paragraph 81 amends the Regulatory Reform Act 2001 to require consultation with the Northern Ireland Law Commission before an order under section 1 of that Act can be made.
Schedule 13: Repeals and Revocations
234.This Schedule sets out the repeals and revocations of other legislation which are needed as a result of the Act.
See paragraph 15 of Schedule 3 to the Northern Ireland Act 1998
