Justice (Northern Ireland) Act 2004
Justice (Northern Ireland) Act 2004
2004 CHAPTER 4
An Act to amend Part 1 of the Justice (Northern Ireland) Act 2002; to make further provision concerning the public prosecution service established by that Act; to impose a new duty on certain criminal justice organisations in Northern Ireland in relation to human rights standards; to make provision consequential on the dissolution of the Juvenile Justice Board; to amend the law relating to bail in Northern Ireland; to provide for the transfer of certain prisoners from Northern Ireland to another part of the United Kingdom; to amend section 103 of the Terrorism Act 2000; to provide for driving while disqualified to be an arrestable offence in Northern Ireland; to re-enact with amendments sections 79 to 81 of the Justice (Northern Ireland) Act 2002 and make further provision about court security officers in Northern Ireland; to enable barristers in Northern Ireland to enter into contracts for the provision of their services; and for connected purposes.
[13th May 2004]
Be 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:—
The judiciary
1 Transfer to Lord Chancellor of functions relating to Judicial Appointments Commission
1 Transfer to Lord Chancellor of functions relating to Judicial Appointments Commission
The Justice (Northern Ireland) Act 2002 (c. 26) (‘the 2002 Act’) is amended as set out in Schedule 1 for the purpose of transferring to the Lord Chancellor functions exercisable by the First Minister and deputy First Minister, acting jointly, in relation to the Northern Ireland Judicial Appointments Commission.
2 Membership of the Commission
(1) In section 3 of the 2002 Act for subsection (8) (lay members of the Commission to be representative of the community in Northern Ireland) substitute—
(8) It is the duty of—
(a) the Lord Chancellor, and
(b) those responsible for making nominations under subsection (5)(a) and (b),
to make such arrangements in connection with the exercise of their functions under this section as will, so far as is practicable, secure that the membership of the Commission is reflective of the community in Northern Ireland.’
(2) In Schedule 2 to the 2002 Act in paragraph 1 (tenure of judicial members) for sub-paragraph (1) substitute—
(1) Subject as follows, a judicial member of the Commission holds office for the period specified in his appointment (or re-appointment).
(1A) A person may not be appointed as a judicial member for more than five years at a time; and the aggregate period for which a person may be a judicial member by virtue of his holding any one of the judicial offices mentioned in section 3(6) must not exceed ten years.’
3 Duty of Commission to secure judiciary reflective of the community
In section 5 of the 2002 Act for subsections (8) and (9) (duty of Commission to secure range of persons reflective of community in Northern Ireland is available for consideration by the Commission, but appointment to be on basis of merit) substitute—
(8) The selection of a person to be appointed, or recommended for appointment, to a listed judicial office (whether initially or after reconsideration) must be made solely on the basis of merit.
(9) Subject to that, the Commission must at all times engage in a programme of action which complies with subsection (10).
(10) A programme of action complies with this subsection if—
(a) it is designed to secure, so far as it is reasonably practicable to do so, that appointments to listed judicial offices are such that those holding such offices are reflective of the community in Northern Ireland;
(b) it requires the Commission, so far as it is reasonably practicable to do so, to secure that a range of persons reflective of the community in Northern Ireland is available for consideration by the Commission whenever it is required to select a person to be appointed, or recommended for appointment, to a listed judicial office; and
(c) it is for the time being approved by the Commission for the purposes of this section.’
4 Appointment of Lord Chief Justice and Lords Justices of Appeal
4 Appointment of Lord Chief Justice and Lords Justices of Appeal
In section 12 of the Judicature (Northern Ireland) Act 1978 (c. 23) (as substituted by section 4 of the 2002 Act) for subsections (3) to (5) (consultations by Prime Minister before making recommendations to Her Majesty as to appointment of Lord Chief Justice or Lord Justice of Appeal) substitute—
(3) Before making any recommendation to Her Majesty concerning an appointment under subsection (1) or (2) the Prime Minister shall—
(a) require the First Minister and deputy First Minister, acting jointly, to make a recommendation to him concerning the appointment in such form as the Prime Minister may specify, and
(b) consider any recommendation so made.
(4) Before making any recommendation under subsection (3)(a) the First Minister and deputy First Minister shall consult the Lord Chief Justice or, if the office of Lord Chief Justice is vacant or he is not available, the most senior Lord Justice of Appeal who is available.
(5) The Northern Ireland Judicial Appointments Commission shall give to the First Minister and deputy First Minister advice as to the procedure which, whenever they are required by the Prime Minister to make any recommendation under subsection (3)(a), they should adopt for formulating that recommendation.
(6) After considering that advice, the First Minister and deputy First Minister acting jointly shall, with the approval of the Prime Minister, determine the procedure which, whenever they are required by the Prime Minister to make any recommendation under subsection (3)(a), they are to adopt for formulating that recommendation and on each occasion on which they are so required, they shall adopt that procedure.’
5 Removal or suspension from listed judicial offices
In section 7 of the 2002 Act in subsection (5) (agreement of the Lord Chief Justice required to the removal or suspension of a person from a listed judicial office) for ‘without the agreement of’ substitute ‘except after consultation with’.
Prosecutors
6 Duty of Director of Public Prosecutions to refer certain matters to Police Ombudsman
6 Duty of Director of Public Prosecutions to refer certain matters to Police Ombudsman
(1) Section 55 of the Police (Northern Ireland) Act 1998 (c. 32) (referral of matters to Ombudsman) is amended as set out in subsections (2) to (5).
(2) In subsection (1) (power of Policing Board, Director or Secretary of State to refer certain matters) omit the words ‘, the Director’ (wherever they occur).
(3) After subsection (4) insert—
(4A) The Director shall refer to the Ombudsman any matter which—
(a) appears to the Director to indicate that a police officer—
(i) may have committed a criminal offence; or
(ii) may, in the course of a criminal investigation, have behaved in a manner which would justify disciplinary proceedings; and
(b) is not the subject of a complaint,
unless it appears to the Director that the Ombudsman is already aware of the matter.
(4B) In subsection (4A) ‘criminal investigation’ has the same meaning as in Part 2 of the Criminal Procedure and Investigations Act 1996 (c. 25).’
(4) In subsection (5) (power of Ombudsman to investigate matters referred under subsection (4)) after ‘(4)’ insert ‘, or (4A)’.
(5) In subsection (7) (duty on Ombudsman to notify outcome of criminal or disciplinary proceedings) omit ‘, the Director’.
(6) In section 64(2A)(b) of the Police (Northern Ireland) Act 1998 (Ombudsman not to investigate matter referred under section 55(1), (2) or (4) if it took place more than the prescribed period before the date of referral) for ‘or (4)’ substitute ‘, (4) or (4A)’.
7 Influencing a prosecutor
After section 32 of the 2002 Act insert—
32A
‘32A Influencing a prosecutor
(1) A person commits an offence if, with the intention of perverting the course of justice, he seeks to influence the Director, the Deputy Director or a Public Prosecutor in any decision as to whether to institute or continue criminal proceedings.
(2) A person commits an offence if, with the intention of perverting the course of justice, he seeks to influence a barrister or solicitor to whom the Director has under section 36(2) assigned the institution or conduct of any criminal proceedings in any decision as to whether to institute or continue those proceedings.
(3) A person guilty of an offence under this section is liable—
(a) on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding six months, or to both, and
(b) on conviction on indictment, to imprisonment for a term not exceeding five years or to a fine, or to both.
(4) Proceedings for an offence under this section shall not be instituted without the consent of the Director.’
Criminal justice organisations
8 Guidance for criminal justice organisations on human rights standards
8 Guidance for criminal justice organisations on human rights standards
(1) The Attorney General for Northern Ireland shall issue, and as he thinks appropriate from time to time revise, guidance to organisations to which this...
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