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Justice (Northern Ireland) Act 2004

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This is the original version (as it was originally enacted).

Power to exclude, remove or restrain persons

This section has no associated Explanatory Notes

3(1)A court security officer acting in the execution of his duty may exclude or remove from a relevant building any person who refuses—

(a)to permit a search under paragraph 2(1), or

(b)to surrender any article in his possession when asked to do so under paragraph 4(1).

(2)A court security officer acting in the execution of his duty may—

(a)restrain any person who is in a relevant building, or

(b)exclude or remove any person from a relevant building,

if it is reasonably necessary to do so for one of the purposes given in sub-paragraph (3).

(3)The purposes are—

(a)enabling the business of any court or office-holder mentioned in paragraph 1(6) to be carried on without interference or delay,

(b)maintaining order,

(c)securing the safety of any person in the building.

(4)The powers conferred by sub-paragraphs (1) and (2) include power to use reasonable force, where necessary.

(5)In the execution of his duty in any relevant building, a court security officer must act in accordance with any general or specific instructions which have been given to him (whether orally or in writing) by a person in authority.

(6)“Person in authority” means—

(a)a judge, coroner or magistrate who is exercising any functions in the building,

(b)a statutory officer (within the meaning of section 70 of the Judicature (Northern Ireland) Act 1978) who is exercising functions in the building,

(c)an office-holder mentioned in paragraph 1(6)(b) or (c) who is exercising any functions in the building, or

(d)any officer or other member of staff of the Court Service authorised by the Lord Chancellor to give the court security officer instructions.

(7)Every court security officer is to be regarded as an officer of the court for the purposes of—

(a)Article 55 of the County Courts (Northern Ireland) Order 1980 (S.I. 1980/397 (N.I. 3)),

(b)section 34 of the Coroners Act (Northern Ireland) 1959 (c. 15 (N.I.)), and

(c)Article 160 of the Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)),

(which provide for the detention by court officers, and punishment, of persons misbehaving in court).

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