Justice (Northern Ireland) Act 2002 Explanatory Notes

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.

Back to top