The Criminal Justice (Northern Ireland) Order 1991

Title and commencement N.I.

1.—(1) This Order may be cited as the Criminal Justice (Northern Ireland) Order 1991.

(2) Except as provided by paragraph (3), this Order shall come into operation on the expiration of 2 months from the day on which it is made.

(3) The following provisions shall come into operation on such day as the Secretary of State may by order appointF1 , namely—

(a) Article 6; and

(b) Article 8 and the Schedule so far as they relate to the Criminal Jurisdiction Act 1975F2 and the Criminal Damage (Northern Ireland) Order 1977F3 .

F1 fully exercised SR 1992/468

F2 1975 c. 59

F3 1977 NI 4

Interpretation N.I.

2.  The Interpretation Act (Northern Ireland) 1954F4 shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.

F4 1954 c. 33 (NI)

Remands to police custody N.I.

3.—(1) In Article 47 of the Magistrates' Courts (Northern Ireland) Order 1981F5 (remands) after paragraph (4) there shall be inserted the following paragraphs—

“(4A) In the exercise of its power under paragraph (1)(a) to remand in custody an accused to whom this paragraph applies, a magistrates' court may, on an application made under this paragraph by a member of the Royal Ulster Constabulary not below the rank of inspector, commit the accused to detention at a police station.

(4B) In the exercise of its power under paragraph (1)(a) to remand in custody an accused to whom this paragraph applies, a magistrates' court may, on an application made under this paragraph by a member of the Royal Ulster Constabulary not below the rank of inspector, commit the accused to the custody (otherwise than at a police station) of a constable.

(4C) The period for which an accused is remanded under paragraph (4A) or (4B) shall not exceed 3 days commencing on (and including) the day following that on which he is remanded.

(4D) Paragraphs (4A) and (4B) apply to an accused who—

(a) is not under the age of 21 years; and

(b) is not already detained under a custodial sentence.

(4E) An accused shall not be committed to detention at a police station under paragraph (4A) unless there is a need for him to be so detained for the purposes of inquiries into other offences; and, if a person is committed to such detention—

(a) he shall, as soon as that need ceases, be brought back before the magistrates' court which committed him or any other magistrates' court for the county court division for which that court was acting or before any other magistrates' court having jurisdiction to conduct the proceedings;

(b) he shall be treated as a person in police detention to whom the duties under Article 40 of the Police and Criminal Evidence (Northern Ireland) Order 1989F6 (responsibilities in relation to persons detained) relate; and

(c) his detention shall be subject to periodic review at the times set out in Article 41 of that Order (review of police detention).

(4F) An accused shall not be committed to the custody (otherwise than at a police station) of a constable under paragraph (4B) unless there is a need for him to be kept in such custody for the purposes of inquiries into other offences; and if a person is committed to such custody, he shall, as soon as that need ceases, be brought back before the magistrates' court which committed him or any other magistrates' court for the county court division for which that court was acting or before any other magistrates' court having jurisdiction to conduct the proceedings.” .

(2) In Article 63(3) of the Police and Criminal Evidence (Northern Ireland) Order 1989F7 (taking of non-intimate samples without consent) in sub-paragraph (a) after the words “police detention” there shall be inserted the words “ or is being held in custody by the police on the authority of a court ”.

F5 1981 NI 26

F6 1989 NI 12

F7 1989 NI 12

Documents to be furnished to court and served on accused in connection with preliminary inquiry N.I.

4.  In Article 32 of the Magistrates' Courts (Northern Ireland) Order 1981F8 (documents to be furnished to court and served on accused in connection with preliminary inquiry) in paragraph (1)(b)(iii) for paragraphs (aa) and (bb) there shall be substituted the following paragraphs—

“(aa) in the case of a written exhibit, a copy of that exhibit or a notice of the time and place when that exhibit may be examined by the accused or his solicitor or any witness whom the accused may wish to call at his trial to give evidence relating to it; and

(bb) in the case of any other exhibit, a notice of the time and place when that exhibit may be examined as mentioned in paragraph (aa);” .

F8 1981 NI 26

Art. 5 rep. by 2002 NI 1

Extra-territorial offences-arson N.I.

6.  In Part I of Schedule 1 to the Criminal Jurisdiction Act 1975F9 (offences in Republic of Ireland triable in Northern Ireland)—

(a) paragraph 3 shall cease to have effect;

(b) for paragraph 6 and the cross-heading immediately preceding it there shall be substituted—

“Criminal damage

6.   Any offence under section 35 of the Malicious Damage Act 1861F10 (interference with railways).

6A.   Any offence under Article 3(1) and (3) or Article 3(2) and (3) of the Criminal Damage (Northern Ireland) Order 1977F11 (arson).”.

F9 1975 c. 59

F10 1861 c. 97

F11 1977 NI 4

Powers of Probation Board and of inspectors N.I.

7.—(1) The Probation Board (Northern Ireland) Order 1982F12 shall have effect subject to the following provisions of this Article.

(2) In Article 4(2)(d) (power of Board to enter into arrangements with voluntary organisations, etc.) for head (ii) there shall be substituted the following head—

“(ii) to give effect to schemes for the supervision and assistance of offenders and the prevention of crime, whether made by those organisations or persons or made by the Board under sub-paragraph (c).” .

(3) F13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) In Article 15 (rules and regulations) for paragraph (1) there shall be substituted the following paragraph—

“(1) The Secretary of State may make rules—

(a) for the regulation and management of relevant establishments; and

(b) for the regulation of an inspection under Article 14(1) and of the exercise (otherwise than in the course of such an inspection) of the powers of an inspector under Article 14(5).” .

F12 1982 NI 10

F13 Art. 7(3) repealed (12.4.2010) by Justice (Northern Ireland) Act 2002 (c. 26), ss. 86, 87, Sch. 13; S.R. 2010/113, art. 2, Sch. para. 21(o)

Article 8—Repeals