Justice (Northern Ireland) Act 2002
Part 1
The Judiciary
General
1
Guarantee of continued judicial independence
Appointment and removal
2
Introductory
3
Judicial Appointments Commission
4
Appointment to most senior judicial offices
5
Appointment to listed judicial offices
5A
Disclosure of information to the Commission
6
Removal from most senior judicial offices
7
Removal from listed judicial offices
8
Tribunals for considering removal
9
Lay magistrates
Magistrates
The Ombudsman
9A
Judicial Appointments Ombudsman
9B
Complaints: interpretation
9C
Complaints to the Commission or the Lord Chancellor
9D
Complaints to the Ombudsman
9E
Report and recommendations
9F
Report procedure
9G
References by the Lord Chancellor
9H
Information
9I
Confidentiality in relation to judicial appointments and discipline
Transfer of functions of justices of the peace
10
Transfer of functions of justices of the peace
11
Transfer of functions of lay panellists
Lord Chief Justice
12
Role of Lord Chief Justice
13
Presiding county court judge
14
Presiding resident magistrate
15
Presiding lay magistrate
16
Complaints about holders of judicial office
17
Secretaries to Lord Chief Justice
Other provisions
18
Qualification for appointment
19
Judicial oath or affirmation
20
Crown Solicitor
21
Judicial pensions: pension sharing
Part 2
Law Officers and Public Prosecution Service
Attorney General
22
Attorney General
23
Terms of appointment of Attorney General
24
Removal of Attorney General
25
Participation by Attorney General in Assembly proceedings
26
Annual report by Attorney General
Advocate General
27
Advocate General
28
Functions of Advocate General
Public Prosecution Service
29
Public Prosecution Service
30
Director of Public Prosecutions
30A
Corporation sole etc
31
Conduct of prosecutions
31A
Conduct of extradition proceedings
32
Discontinuance of proceedings before court appearance
32A
Influencing a prosecutor
33
Consents to prosecutions
34
Police complaints
35
Information for Director
36
Exercise of functions by and on behalf of Service
37
Code for Prosecutors
38
Equality and non-discrimination
39
Reports by Director
Relationship of Director and Attorney General
40
Superintendence and removal of Director
41
Transfer of functions etc.
42
Independence of Director
43
Appointment and removal of Director by Attorney General
Supplementary
44
Interpretation
Part 3
Other New Institutions
Chief Inspector of Criminal Justice
45
Chief Inspector of Criminal Justice
46
Functions of Chief Inspector
47
Further provisions about functions
48
Powers of inspectors
49
Reports
Law Commission
50
Law Commission
51
Duties of Commission
52
Reports etc.
Part 4
Youth Justice
Aims
53
Aims of youth justice system
New orders
54
Reparation orders
55
Community responsibility orders
56
Custody care orders
Youth conferences
57
Youth conferences and youth conference plans
58
Diversionary youth conferences
59
Court-ordered youth conferences
60
Youth conference orders
61
Legal aid for youth conferences
Other provisions
62
Orders: enforcement etc.
63
Extension of youth justice system to 17 year olds
64
Juvenile justice centre orders for 17 year olds
65
Consultation about detention
Part 5
Miscellaneous
Royal Arms and flags
66
Display of Royal Arms at courts
67
Flying of flags at court-houses
Victims of crime
68
Information about discharge and temporary release of prisoners
69
Views on temporary release
69A
Information about discharge and leave of absence of mentally disordered persons
69B
Views on leave of absence
70
Supplementary
Community safety
71
Community safety strategy
72
Local community safety partnerships
Civil procedure
73
Constitution of Rules Committees
74
Appeals in small claims cases
75
Time limit for cases stated by county court
Legal aid
76
Exceptional legal aid
77
Proceedings before coroner
Court Service
78
Power to abolish Court Service
Court security
79
Duty of Court Service to ensure court security
80
Powers and duties of court security officers
81
Protection of court security officers
Part 6
Supplementary
82
Excepted matters: judicial office-holders
83
Reserved matters: new institutions
84
Assembly Acts about judiciary, law officers and prosecutions
85
Minor and consequential amendments
86
Repeals and revocations
87
Commencement
88
Interpretation
89
Transitionals and savings
90
Statutory rules
91
Extent
92
Financial provision
93
Short title
SCHEDULES
SCHEDULE 1
Listed judicial offices
Judge of the High Court Temporary judge of the High...
SCHEDULE 2
Judicial Appointments Commission
1
Members’ tenure
2
(1) Subject as follows, a non-judicial member of the Commission...
3
Salary etc. of non-judicial members
4
Staff
5
Annual report
6
Financial provisions
7
(1) The Commission must— (a) keep proper accounts and proper...
8
Committees and sub-committees
9
Proceedings
10
The validity of any proceedings of the Commission, or of...
11
Delegation
12
If the function of selecting a person for appointment, or...
13
Miscellaneous
14
The Commission may do anything, apart from borrowing money, which...
15
The application of the seal of the Commission is to...
16
Any contract or instrument which, if entered into or executed...
17
A document purporting to be— (a) duly executed by the...
18
Disqualification
19
In Part 2 of Schedule 1 to the Northern Ireland...
20
Freedom of information
SCHEDULE 3
Appointment to listed judicial offices
Part 1
Appointments by Her Majesty
Application
1
This Part of this Schedule applies to a listed judicial...
Process
2
(1) Her Majesty's power to appoint a person to a...
Part 2
Appointments by the Commission
Application
3
This Part of this Schedule applies to a listed judicial...
Process
4
(1) The Commission is responsible for the selection of persons...
Part 3
Maximum numbers
5
(1) This Part of this Schedule applies to a listed...
Part 4
General provision about selections
6
(1) The selection under this Schedule of a person to...
SCHEDULE 3A
The Northern Ireland Judicial Appointments Ombudsman
Circumstances where Ombudsman ineligible to exercise specified functions
1
(1) The Ombudsman is ineligible to exercise specified functions if...
Ombudsman to direct a person to exercise specified functions
1A
(1) Sub-paragraph (2) applies where— (a) the provisions of this...
Persons whom the Ombudsman must not direct
1B
(1) The Ombudsman must not direct a person under paragraph...
Meaning of “specified functions” and “practising”
1C
(1) For the purposes of this Schedule, the functions of...
2
(1) In this Schedule “ practising ” is to be...
Term of office etc. of Ombudsman
3
(1) The Ombudsman must be appointed for a fixed period....
4
A person— (a) may not be appointed as the Ombudsman...
5
(1) The Ombudsman may at any time—
Salary, allowances and expenses
6
(1) The Lord Chancellor may— (a) pay to the Ombudsman...
Acting Ombudsman
7
(1) The Lord Chancellor may appoint a person to exercise...
Status of the Ombudsman
8
The person for the time being holding the office of...
Powers of the Ombudsman
9
(1) The Ombudsman does not have power to do any...
Arrangements for assistance
10
(1) The Ombudsman may make arrangements with such persons as...
Arrangements by the Lord Chancellor
11
Unless the Ombudsman has made arrangements under paragraph 10, the...
Delegation of functions
12
(1) The Ombudsman may delegate any functions to—
Financial provisions and directions
13
(1) Expenditure incurred by the Ombudsman in the discharge of...
Code of conduct
14
The Lord Chancellor may issue and from time to time...
Reports
15
(1) The Ombudsman must, as soon as practicable after the...
Documentary evidence
16
A document purporting to be an instrument issued by the...
General
17
(1) Financial year in this Schedule, means—
SCHEDULE 4
Functions of justices of the peace
1
Retained functions
2
Shared functions
3
Functions to be exercisable only by resident magistrates
4
Amendments: general
5
The Lord Chancellor may , after consultation with the Lord...
5A
The Lord Chief Justice may nominate any of the following...
6
So far as may be appropriate in consequence of the...
7
Specific amendments
8
In section 5(1) of the General Dealers (Ireland) Act 1903...
9
In section 26(4) of the Interpretation Act (Northern Ireland) 1954...
10
In section 189(1) of the Army Act 1955 (3 &...
11
In section 189(1) of the Air Force Act 1955 (3...
12
In sections 47(2) and 110(2) of the Naval Discipline Act...
13
In section 110(2) of the Electoral Law Act (Northern Ireland)...
14
In section 12A(2) of the Magistrates’ Courts Act (Northern Ireland)...
15
In section 21 of the Treatment of Offenders Act (Northern...
16
The Judicature (Northern Ireland) Act 1978 (c. 23) has effect...
17
(1) Section 103 (appointment of justices of the peace) is...
18
After that section insert— Power of court of record to...
19
In Article 84(6) of the Pollution Control and Local Government...
20
The Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I....
21
In Article 2(2)(b) (meaning of “magistrates’ court”), for “justice of...
22
(1) Article 3 (functions of justices etc.) is amended as...
23
In Article 4 (local jurisdiction of justice of the peace),...
24
In Articles 5 and 6 (immunity)— (a) for “justice of...
25
In Article 6A (costs)— (a) for “justice of the peace”...
26
In Article 7 (clerk’s immunity in respect of warrant to...
27
In Article 10(1) and (1A) (defrayal of expenses)—
28
In Article 18(4) (procedure)— (a) for “other justice of the...
29
In Article 42(1)(a) and (b) (reading of depositions), for “other...
30
In Article 114(2) (warrants: postponement of issue and stay of...
31
In Article 126(1) (proof of service), for “other justice of...
32
In Article 156 (validity of documents)— (a) for “other justice...
33
In Article 158(1) (execution of warrants), for “other justice of...
34
In Article 160(1) (misbehaviour in court), for “justice of the...
35
In paragraph 2 of Schedule 1 (matters which may be...
36
In Article 165(2) of the Insolvency (Northern Ireland) Order 1989...
37
In section 244(6)(a)(ii) of the Criminal Procedure (Scotland) Act 1995...
38
In Schedule 2 to the Juries (Northern Ireland) Order 1996...
39
In section 9(5) of the Human Rights Act 1998 (c....
40
In section 81(1) of the Regulation of Investigatory Powers Act...
SCHEDULE 5
SCHEDULE 6
Office-holders required to take judicial oath
Lord Chief Justice Lord Justice of Appeal Judge of the...
SCHEDULE 7
Functions of Advocate General
1
Assembly Bills
2
Devolution issues
3
In Schedule 8 to the Government of Wales Act 1998...
4
In Schedule 6 to the Scotland Act 1998 (c. 46)...
5
Human rights
6
In section 107(3) of the Government of Wales Act 1998...
7
In section 100(2) of the Scotland Act 1998 (similar provision...
7A
In section 8 of the Justice (Northern Ireland) Act 2004...
8
Varying retrospective decisions
9
In section 110(8) of the Government of Wales Act 1998...
10
In section 102(7) of the Scotland Act 1998 (notice to...
11
Suspension of devolved government
12
Acting as Attorney General for Northern Ireland during vacancy
13
Consultation about appointment of Attorney General for Northern Ireland
14
Crown Solicitor
15
Chief Inspector of Criminal Justice
16
(1) Section 47 (functions: consultation and consent requirements etc.) is...
17
In section 49(5) (copies of reports relating to Public Prosecution...
18
Life sentence prisoners’ representatives
19
Special advocates
20
In paragraph 7(2) of Schedule 2 to the Northern Ireland...
21
Scheduled offences
22
In section 72(2)(b) (regulations providing for time limits to cease...
23
In Schedule 9 (certification that offence is not scheduled offence),...
24
Consent to prosecution
25
In section 6(5) of the Marine, &c., Broadcasting (Offences) Act...
26
In section 1(3) of the Genocide Act 1969 (c. 12)...
27
In section 2(1) of the Biological Weapons Act 1974 (c....
28
In section 11 of the Criminal Jurisdiction Act 1975 (c....
29
In section 2(1) of the Internationally Protected Persons Act 1978...
30
In section 3(1) of the Nuclear Material (Offences) Act 1983...
31
In section 135 of the Criminal Justice Act 1988 (c....
32
In section 9(1) of the Official Secrets Act 1989 (c....
33
In Article 8(11) of the Iraq and Kuwait (United Nations...
34
In section 31(1) of the Chemical Weapons Act 1996 (c....
35
In section 117(3)(b) of the Terrorism Act 2000 (c. 11)...
36
In— (a) section 55 (proceedings for offence under section 47...
37
Section 33 of this Act applies in relation to the...
SCHEDULE 8
Chief Inspector of Criminal Justice
1
Chief Inspector’s tenure
2
Salary etc. of Chief Inspector
3
Staff
4
Annual report
5
Financial provisions
6
(1) The Chief Inspector must— (a) keep proper accounts and...
7
Delegation of functions
8
Inspections of Police Service
9
Miscellaneous
10
(1) The Chief Inspector is not to be regarded—
11
The Chief Inspector may do anything, apart from borrowing money,...
12
The application of the seal of the Chief Inspector is...
13
A document purporting to be— (a) duly executed by the...
14
Disqualification
15
In Part 3 of Schedule 1 to the Northern Ireland...
16
Freedom of information
SCHEDULE 9
Law Commission
1
Commissioners’ tenure
2
Commissioners holding judicial office
3
Salary etc. of Commissioners not holding full-time judicial office
4
Staff
5
Financial provisions
6
(1) The Commission must— (a) keep proper accounts and proper...
7
Miscellaneous
8
(1) The Commission is not to be regarded—
9
The Commission may do anything, apart from borrowing money, which...
10
The application of the seal of the Commission is to...
11
Any contract or instrument which, if entered into or executed...
12
A document purporting to be— (a) duly executed by the...
13
Disqualification
14
In Part 2 of Schedule 1 to the Northern Ireland...
15
Freedom of information
SCHEDULE 10
Youth justice orders: enforcement etc.
SCHEDULE 11
Extension of youth justice system to 17 year olds
1
Costs in Criminal Cases Act (Northern Ireland) 1968 (c. 10 (N.I.))
2
Treatment of Offenders Act (Northern Ireland) 1968 (c. 29 (N.I.))
3
Rehabilitation of Offenders (Northern Ireland) Order 1978 (S.I. 1978/1908 (N.I. 27))
4
Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26))
5
Treatment of Offenders (Northern Ireland) Order 1989 (S.I. 1989/1344 (N.I. 15))
6
Criminal Justice (Northern Ireland) Order 1994 (S.I. 1994/2795 (N.I. 15))
7
Criminal Justice (Northern Ireland) Order 1996 (S.I 1996/3160 (N.I. 24))
8
In Article 5(9) (conditional discharge in case of offender under...
9
In Article 6(2) (effect of discharge where offender 17 or...
10
In Article 7(1)(b) (power to require offender between 14 and...
11
In Article 9(5) (court not to dispense with need for...
12
In Article 21(3) (court not to dispense with need for...
13
In Article 29(4)(c) (fixing of fine where parent or guardian...
14
In Article 31(3) (false statements as to financial circumstances in...
15
In Article 34(2) (copy of report of probation officer to...
16
Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9))
17
In Article 2(2) (interpretation), in the definitions of “adult” and...
18
In Article 30(2) and (3) (powers of youth court where...
19
In Article 45 (punishment of certain grave crimes)—
20
In Article 53 (parental responsibility for children in juvenile justice...
21
In Article 54 (escapes from juvenile justice centres)—
22
Terrorism Act 2000 (c. 11)
23
In section 70(5) (young persons charged with scheduled offence and...
24
In section 78(3) (punishment of children on conviction on indictment...
SCHEDULE 12
Minor and consequential amendments
1
Criminal Justice Act (Northern Ireland) 1945 (c. 15 (N.I.))
2
Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.))
3
County Courts Act (Northern Ireland) 1959 (c. 25 (N.I.))
4
(1) Section 102 (appointment and assignment of judges) is amended...
5
In section 106(2) (salary payable to judge from date on...
6
Electoral Law Act (Northern Ireland) 1962 (c. 14 (N.I.))
7
Law Commissions Act 1965 (c. 22)
8
In section 1(1) (purpose of Law Commission), after “of the...
9
In section 3(4) (duty of Law Commission and Scottish Law...
10
Administration of Justice Act 1973 (c. 15)
11
In section 9(5) (judicial salaries), after “Salaries payable” insert “...
12
In section 12(1) (retirement of higher judiciary in event of...
13
Judicature (Northern Ireland) Act 1978 (c. 23)
14
Rehabilitation of Offenders (Northern Ireland) Order 1978 (S.I. 1978/1908 (N.I. 27))
15
Criminal Appeal (Northern Ireland) Act 1980 (c. 47)
16
Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (S.I. 1981/228 (N.I. 8))
17
In Article 1(3) (power to bring into force paragraphs 1(b)...
18
In Article 4(2) (relationship between legal advice and assistance and...
19
In Article 13(3) (remuneration of persons giving legal aid), for...
20
After Article 15 insert— Position of providers, parties etc. Legal...
21
In Article 26(3) (indemnity), after “12” insert “ or a...
22
In Article 27 (interpretation), after the definition of “legal aid”...
23
In Article 28(2) (free legal aid in the magistrates’ court:...
24
In Article 31 (resolution of doubts), after “28,” insert “...
25
In Article 32 (statements for purposes of free legal aid),...
26
In Article 36(3) (rules about free legal aid in criminal...
27
In Article 39 (interpretation of Part 3)—
28
In the heading of Schedule 1 (proceedings for which legal...
29
Magistrates’ Courts (Northern Ireland) Order 1981 (S.I 1981/1675 (N.I. 26))
30
In Article 47(6) (period of remand), after “1998” insert ;...
31
(1) Article 140 (appeals to county court) is amended as...
32
Child Abduction (Northern Ireland) Order 1985 (S.I. 1985/1638 (N.I. 17))
33
In Article 3(7) (application of offence of abduction of child...
34
(1) Paragraph 4 of the Schedule (modifications of Article 3...
35
Mental Health (Northern Ireland) Order 1986 (S.I. 1986/ 595 (N.I. 4))
36
In Article 44(8) (orders which can be made in conjunction...
37
In Article 50A(7) (remitting persons for trial following detention in...
38
In Article 53(5)(a) (removal to hospital of certain persons serving...
39
(1) Article 56 (further provision as to prisoners under sentence)...
40
(1) Article 61 (interpretation) is amended as follows.
41
Criminal Justice Act 1988 (c. 33)
42
Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12))
43
(1) Article 2(2) (interpretation) is amended as follows.
44
In Article 2(5) (definition of “custodial establishment”), after “juvenile justice...
45
In Article 19(1)(ca) (entry for purpose of arrest), after “juvenile...
46
In Article 39(8) (place of safety), for “means any juvenile...
47
Child Support Act 1991 (c. 48)
48
Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7)
49
Criminal Appeal Act 1995 (c. 35)
50
Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2))
51
In Article 70(7) (provisions which do not apply to those...
52
In paragraph 4(1)(b) of Schedule 4 (directions under education supervision...
54
Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24))
55
(1) Article 2(2) (interpretation) is amended as follows.
56
In Article 9(3) (procedural requirements for community orders), at the...
57
In Article 18(1) (restriction on imposing sentences of imprisonment or...
58
In Article 19(3) (court not prevented from passing custodial sentence...
59
(1) Schedule 2 (enforcement of community orders) is amended as...
60
Sex Offenders Act 1997 (c. 51)
61
Police (Northern Ireland) Act 1998 (c. 32)
62
Northern Ireland Act 1998 (c. 47)
63
In section 75(3) (duty on public authorities to have regard...
64
In section 76(7) (discrimination by public authorities), after “Probation Board...
65
(1) Schedule 3 (reserved matters) is amended as follows.
66
Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9))
67
(1) Article 2 (interpretation) is amended as follows.
68
In Article 8(3) and (4) (child not released under Article...
69
(1) Article 13 (remand in custody) is amended as follows....
70
In Article 30(3) (powers of youth court when child becomes...
71
In Article 37(4) (requirements of attendance centre orders), for the...
72
In Article 39(1) (juvenile justice centre orders)—
73
(1) Article 41 (breach of supervision requirements of juvenile justice...
75
In Article 56(5)(a) (power to provide for functions of Juvenile...
76
Northern Ireland Act 2000 (c. 1)
77
In section 1(4) (effect on offices of suspension of devolved...
78
In section 3 (restoration of devolved government), insert at the...
79
In the Schedule (provisions applicable during suspension of devolved government),...
80
Terrorism Act 2000 (c. 11)
81
Regulatory Reform Act 2001 (c. 6)
82
Constitutional Reform Act 2005
SCHEDULE 13
Repeals and revocations

Justice (Northern Ireland) Act 2002
2002 c. 26
An Act to make provision about the judiciary in Northern Ireland and to amend section 6 of the Appellate Jurisdiction Act 1876; to make provision about the law officers and other legal officers and the courts in Northern Ireland; to establish a Public Prosecution Service for Northern Ireland, a Chief Inspector of Criminal Justice in Northern Ireland and a Northern Ireland Law Commission; to amend the law of youth justice in Northern Ireland; to make provision for making available to victims of crime information about the release of offenders in Northern Ireland; to make provision about community safety in Northern Ireland; to amend the law of legal aid in Northern Ireland; and for connected purposes.
[24th July 2002]
B e it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—