The Juries (Northern Ireland) Order 1996 No. 1141 (NI. 6)

SCHEDULES

Article 3(2).

SCHEDULE 1 N.I. PERSONS DISQUALIFIED FOR JURY SERVICE

1.  Any person who has at any time been convicted by a court in the United Kingdom, the Channel Islands or the Isle of Man and sentenced— N.I.

(a) to imprisonment for life or for a term of five years or more; or

(b) to be detained during Her Majesty's pleasure or during the pleasure of the Secretary of State or during the pleasure of the Governor of Northern Ireland.

[F1 1A   Any person who has at any time been convicted of an offence and had imposed on him an indeterminate custodial sentence under Article 13 of the Criminal Justice (Northern Ireland) Order 2008] N.I.

F1 Sch. 1 para. 1A inserted (1.7.2016) by Justice Act (Northern Ireland) 2015 (c. 9), ss. 79, 106(2); S.R. 2016/247, art. 2(c)

2.  Any person who at any time in the last ten years has in the United Kingdom or the Channel Islands or the Isle of Man— N.I.

(a) served any part of a sentence of imprisonment or detention; or

(b) been detained in a young offenders centre;

(c) had passed on him or (as the case may be) made in respect of him a suspended sentence of imprisonment or order for detention; or

(d) had made in respect of him a community service order [F2 or a community payback order with an unpaid work or other activity requirement imposed under section 227A or 227M of the Criminal Procedure (Scotland) Act 1995 ]F3 .

F2 Words in Sch. 1 para. 2(d) inserted (16.9.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (Consequential Provisions and Modifications) Order 2011 (S.I. 2011/2298), arts. 1(2), 3, Sch. para. 15(2) (with art. 4(3))

F3 1995 c.46.

3.  Any person who at any time in the last five years has, in the United Kingdom or the Channel Islands or the Isle of Man, been placed on probation [F4 or had made in respect of him a community payback order under section 227A of the Criminal Procedure (Scotland) Act 1995 which did not include an unpaid work or other activity requirement under section 227A(2)(c)]. N.I.

F4 Words in Sch. 1 para. 3 inserted (16.9.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (Consequential Provisions and Modifications) Order 2011 (S.I. 2011/2298), arts. 1(2), 3, Sch. para. 15(3) (with art. 4(3))

Article 3(3).

SCHEDULE 2 N.I. PERSONS INELIGIBLE FOR JURY SERVICE

Persons concerned with the administration of justice N.I.

• Persons holding or who have at any time held any paid, judicial, or other office belonging to any court of justice in Northern Ireland.

• [F5 Lay magistrate.]

• Justices of the peace.

• F6 . . .

• The Chairman or President, the Vice-Chairman or Vice-President and the registrar and assistant registrar of any Tribunal.

• Barristers at law and solicitors whether or not in actual practice as such.

• Solicitors' clerks.

• Students of the Inn of Court of Northern Ireland or of the Law Society of Northern Ireland.

• [F7 The Director of Public Prosecutions for Northern Ireland, the Deputy Director of Public Prosecutions for Northern Ireland and the members of staff of the Public Prosecution Service for Northern Ireland.]

• [F8 The Chief Inspector of Criminal Justice in Northern Ireland and the members of his staff.]

• Officers of the Northern Ireland Office or of the Lord Chancellor's Department.

• [F9 Officers of the Department of Justice]

• F10 . . .

• [F11 Court security officers.]

• Governors, chaplains and other officers of, and members of[F12 independent monitoring boards] for, the following establishments—

  (a)

  a prison within the meaning of the [1953 c. 18 (N.I.)] Prison Act (Northern Ireland) 1953;

  (b)

  [F13 a juvenile justice centre or attendance centre within the meaning of the Criminal Justice (Children) (Northern Ireland) Order 1998; or]

  (c)

  a remand centre or young offenders centre within the meaning of the [1968 c. 29 (N.I.)] Treatment of Offenders Act (Northern Ireland) 1968.

• The warden or a member of the staff of a bail hostel as defined in Article 2(2) of the [1982 NI 10] Probation Board (Northern Ireland) Order 1982.

• Members of the Probation Board for Northern Ireland.

• Probation officers and persons appointed to assist them.

• F14 ...

• [F15 Police officers and any other person employed in any capacity by virtue of which he has the powers and privileges of a constable.]

• [F16 Members and staff of the Policing Board.]

• [F17 Members of the National Crime Agency and National Crime Agency officers.]

• F18 . . .

• [F19 The Police Ombudsman for Northern Ireland and persons employed by him.].

• Persons in charge of, or employed in, a forensic science laboratory.

• Prisoner custody officers within the meaning of section 122(1) of the [1994 c. 33] Criminal Justice and Public Order Act 1994.

• Members and employees of the Criminal Cases Review Commission.

• Persons who at any time within the past ten years have been persons falling within any of the foregoing descriptions (except the first) of persons concerned with the administration of justice.

F5 2002 c. 26

F6 2002 c. 26

F7 2002 c. 26

F8 Sch. 2: entry substituted (3.4.2006) by Justice (Northern Ireland) Act 2002 (c. 26), ss. 85(1), 87(1), Sch. 12 para. 53(3); S.R. 2006/124, art. 2, Sch. paras. 8, 10(b)

F9 Sch. 2: entry inserted (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 15(5), Sch. 18 para. 152(5) (with arts. 28-31); S.I. 2010/977, art. 1(2)

F10 Entry omitted (12.4.2010) by virtue of Northern Ireland Court Service (Abolition and Transfer of Functions) Order (Northern Ireland) 2010 (S.R. 2010/133), art. 4, Sch. para.16(5) (with arts. 5-7)

F11 2002 c. 26

F12 2005 NI 15

F13 1998 NI 9

F14 Words in Sch. 2 repealed (1.7.2016) by Justice Act (Northern Ireland) 2015 (c. 9), ss. 80(3), 106(2), Sch. 9 Pt. 5; S.R. 2016/247, art. 2(d)

F15 2000 c. 32

F16 2000 c. 32

F17 Words in Sch. 2 inserted (1.7.2016) by Justice Act (Northern Ireland) 2015 (c. 9), ss. 80(2), 106(2); S.R. 2016/247, art. 2(d)

F18 Sch. 2: entry repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 174(2), 178(8), Sch. 4 para. 88, Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 12, 13(aa) (with art. 4(2)-(7))

F19 1998 c. 32

The Forces N.I.

• Persons serving on full pay as members of any of the naval, military or air forces of the Crown raised in the United Kingdom.

• F14 ...

Other persons N.I.

• Persons suffering from mental disorder within the meaning of the [1986 NI 4] Mental Health (Northern Ireland) Order 1986.

• Persons unable to understand the English language.

Article 10(2).

SCHEDULE 3 N.I. PERSONS EXCUSABLE FROM JURY SERVICE AS OF RIGHT

Parliament N.I.

• Peers and peeresses entitled to receive writs of summons to attend the House of Lords.

• Members of the House of Commons.

Northern Ireland Assembly N.I.

• Members of the Northern Ireland Assembly.

• Officers and servants of the Northern Ireland Assembly.

[F20 Scottish Parliament and Scottish Executive N.I.

F20 Words in Sch. 3 inserted (6.5.1999) by The Scotland Act 1998 (Consequential Modifications) (No.1) Order 1999 (S.I. 1999/1042), arts. 1(2)(a), 3, Sch. 1 para. 23(a)

• Members of the Scottish Parliament.

• Members of the Scottish Executive.

• Junior Scottish Ministers.]

European Parliament N.I.

• [F21 Members of the European Parliament].

F21 Words in Sch. 3 substituted (1.7.2016) by Justice Act (Northern Ireland) 2015 (c. 9), ss. 81(2), 106(2); S.R. 2016/247, art. 2(e)

Public officials N.I.

• [F22 The Northern Ireland Public Services Ombudsman.]

• Persons in the Northern Ireland Civil Service receiving a salary on a scale the maximum of which is not lower than the maximum of the Grade 5 scale.

• The Chief Electoral Officer and persons appointed to assist him.

• The Comptroller and Auditor General for Northern Ireland.

• [F23 The Auditor General for Scotland]

• [F24 The Deputy Comptroller and Auditor General for Northern Ireland and any Assistant Auditor General for Northern Ireland].

• Officers employed in any capacity by the Commissioners of Customs and Excise, or Commissioners of Inland Revenue.

• Officers in charge of a head office in Northern Ireland of a department of the Government of the United Kingdom.

• Inspectors of schools.

• Inspectors appointed under section 123 of the [1969 c. 6 (N.I.)] Mines Act (Northern Ireland) 1969.

F22 Words in Sch. 3 substituted (1.4.2016) by Public Services Ombudsman Act (Northern Ireland) 2016 (c. 4), s. 64, Sch. 8 para. 4 (with s. 23, 50(3))

F23 Words in Sch. 3 inserted (6.5.1999) by The Scotland Act 1998 (Consequential Modifications) (No.1) Order 1999 (S.I. 1999/1042), arts. 1(2)(a), 3, Sch. 1 para. 23(b)

F24 Words in Sch. 3 substituted (1.7.2016) by Justice Act (Northern Ireland) 2015 (c. 9), ss. 81(3), 106(2); S.R. 2016/247, art. 2(e)

Clergy, etc. N.I.

• A person in Holy Orders and a regular minister of any religious denomination.

• Vowed members of any religious order living in a monastery, convent or other religious community.

• Practising members of a religious society or order the tenets or beliefs of which are incompatible with jury service.

Professions N.I.

• Professors and members of the teaching staff of a university or institution of further education and full-time teachers in any school.

• Masters of vessels, duly licensed pilots and lighthouse keepers.

• The following persons, if actually practising their profession and registered (including provisionally or temporarily registered), enrolled or certified under the statutory provisions relating to that profession—

  • medical practitioners;

  • dentists;

  • nurses;

  • midwives;

  • veterinary surgeons and veterinary practitioners;

  • pharmaceutical chemists.

[F25 Persons aged over 70 years] N.I.

F25 Words in Sch. 3 substituted (1.7.2016) by Justice Act (Northern Ireland) 2015 (c. 9), ss. 81(4), 106(2); S.R. 2016/247, art. 2(e)

• [F25 Persons aged over 70 years].

Article 31(2), (3).

SCHEDULE 4 N.I. CORONERS JURIES

PART I N.I. MODIFICATIONS OF PROVISIONS OF THIS ORDER

1.  Any reference to a court includes a reference to a coroner or, as the context requires, to an inquest. N.I.

2.  Any reference to a judge (with or without qualifying words) includes a reference to a coroner (without qualifying words). N.I.

3.  Any reference to a jury includes a reference to a coroner's jury. N.I.

4.  In Article 5(4) and (5) “the Divisional Jurors List” includes a part of that list. N.I.

5.  Articles 10(7) and 11(3) shall apply to rules under section 36(1) of the [1959 c. 15 (N.I.)] Coroners Act (Northern Ireland) 1959 as they apply to rules of court and Crown Court rules. N.I.

6.  In Article 24 “trial” includes inquest. N.I.

PART II N.I. AMENDMENTS OF CORONERS ACT (NORTHERN IRELAND) 1959

1.  In section 18 (summoning of jurors)— N.I.

(a) in subsection (1), for the words from “district inspector” to “current year” substitute “Juries Officer to summon a sufficient number of persons in accordance with the Juries (Northern Ireland) Order 1996”;

(b) after subsection (2) add the following subsection—

“(3) In sub-section (1) “the Juries Officer” means the Juries Officer for the county court division which includes the place specified by the coroner under that sub-section.” .

2.  In Section 31(2) (summoning of another jury where jury unable to agree), for the words “district inspector” to “another jury” substitute “Juries Officer for the county court division where the inquest is held to summon another jury in accordance with the Juries (Northern Ireland) Order 1996”. N.I.

3.  In section 32(1) (power to arrange for removal of body to district of another coroner), for “summoning a jury” substitute “causing a jury to be summoned”. N.I.

N.I.

Schedule 5—Repeals