Statutory Instruments

2009 No. 2090

Criminal Law, Northern Ireland

Judicature, Northern Ireland

Justice, Northern Ireland

The Justice and Security (Northern Ireland) Act 2007 (Extension of duration of non-jury trial provisions) Order 2009

Made

21st July 2009

Coming into force

22nd July 2009

This Order is made in exercise of the powers conferred by section 9(2) of the Justice and Security (Northern Ireland) Act 2007(1).

In accordance with section 9(7)(b) of that Act, a draft of this Order was laid before Parliament and approved by resolution of each House of Parliament.

Accordingly the Secretary of State makes the following Order:

Citation and commencement

1. This Order may be cited as the Justice and Security (Northern Ireland) Act 2007 (Extension of duration of non-jury trial provisions) Order 2009 and shall come into force on the day after the day on which it is made.

Extension of duration of non-jury trial provisions

2. The effective period in respect of the non-jury trial provisions, as provided for in section 9(1) of the Justice and Security (Northern Ireland) Act 2007, shall be extended (2).

Paul Goggins

Minister of State

Northern Ireland Office

21st July 2009

EXPLANATORY NOTE

(This note is not part of the Order)

Section 9(1) of the Justice and Security (Northern Ireland) Act 2007 provides that sections 1 to 8 of and Schedule 1 to that Act , which provide for trial on indictment without a jury (“the non-jury trial provisions”), shall expire at the end of the period of two years beginning with the day on which section 1 comes into force (“the effective period”). Section 1 came into force on 1^st August 2007.

Article 2 of this Order extends the effective period, which would otherwise end on 31^st July 2009. Section 9(3)(b) of the Justice and Security (Northern Ireland) Act 2007 provides that the effect of an order extending the effective period will be to extend it for the period of two years beginning with the time when the effective period would end but for the order. Accordingly the effect of this Order is to extend the effective period so that it ends on 31^st July 2011.

(1)

2007 c. 6.

(2)

Section 9(3) of the Justice and Security (Northern Ireland) Act 2007 provides that the effect of an order under subsection (2) is to extend the effective period for the period of two years beginning with the time when it would otherwise have ended.