Criminal Justice (Northern Ireland) Order 2003

Year2003

2003 No. 1247 (N.I. 13)

NORTHERN IRELAND

The Criminal Justice (Northern Ireland) Order 2003

8thMay 2003

ARRANGEMENT OF ORDER

PART I

INTRODUCTORY

1.

Title and commencement

2.

Interpretation

PART II

BAIL IN CRIMINAL PROCEEDINGS

3.

"Bail"

4.

Surrender to custody

5.

Offence of absconding by person released on bail

6.

Arrest for absconding or breaking conditions of bail

7.

Cases where person not to be released from police detention

8.

Bail under Part V of the Police and Criminal Evidence (Northern Ireland) Order 1989

9.

Power to grant bail where police bail has been granted

10.

Reconsideration of decisions granting bail

PART III

TIME LIMITS

11.

Introductory

12.

Preliminary stages of criminal proceedings

13.

Supplementary provisions

14.

Appeals

15.

Additional time limits for persons under 18

16.

Re-institution of stayed proceedings

17.

Regulations

PART IV

SEXUAL OFFENCES

18.

Rape

19.

Buggery

20.

Assault with intent to commit buggery

21.

Indecent assault on a male

22.

Penalty for indecent conduct towards child

23.

Abolition of presumption of sexual incapacity

PART V

MISCELLANEOUS

24.

Forfeiture of recognizances

25.

Amendment of summons before it is served

26.

Non-appearance of accused: plea of guilty

27.

Period of remand

28.

Riotous behaviour: increase of maximum term of imprisonment

29.

Riotous behaviour: exclusion of right to claim trial by jury

30.

Riotous behaviour: arrest without warrant

31.

Evidence through live links

32.

Disclosure of pre-sentence reports

33.

Adjournment where live television links used

34.

Payment for person appointed to cross-examine witness on behalf of accused

35.

Approval of costs of prosecution of certain criminal proceedings

36.

Minor and consequential amendments and repeals

SCHEDULES:

Schedule 1

Amendments

Schedule 2

Repeals

At the Court at Buckingham Palace, the 8th day of May 2003

Present,

The Queen's Most Excellent Majesty in Council

Whereas a draft of this Order in Council has been approved by resolution of each House of Parliament:

Now, therefore, Her Majesty, in exercise of the powers conferred by paragraph 1(1) of the Schedule to the Northern Ireland Act 2000 (c.1) and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:-

PART

INTRODUCTORY

Title and commencement

1. - (1) This Order may be cited as the Criminal Justice (Northern Ireland) Order 2003.

(2) This Article and Article 2 shall come into operation on the fourteenth day after the day on which this Order is made.

(3) The remaining provisions of this Order shall come into operation on such day or days as the Secretary of State may by order appoint.

Interpretation

2. The Interpretation Act (Northern Ireland) 1954 (c.33) applies to this Order as it applies to an Act of the Assembly.

PART II

BAIL IN CRIMINAL PROCEEDINGS

"Bail"

3. - (1) In this Part "bail" means bail grantable under the law for the time being in force -

(a) in or in connection with proceedings for an offence to a person who is accused or convicted of the offence, or(b) in connection with an offence to a person who is under arrest for the offence or for whose arrest for the offence a warrant (endorsed for bail) is being issued.

(2) In paragraph (1) -

"bail" does not include bail grantable under section 67 of the Terrorism Act 2000 (c. 11);

"law" includes common law;

"offence" includes an alleged offence.

(3) For the purposes of paragraph (1) any of the following shall be treated as a conviction -

(a) a finding of guilt;(b) a finding under Article 51 of the Magistrates' Courts (Northern Ireland) Order 1981 (NI 26) (remand for inquiry into physical or mental condition) that the person charged did the act or made the omission charged;(c) a finding mentioned in Article 50A(1) of the Mental Health (Northern Ireland) Order 1986 (NI 4) (not guilty by reason of insanity, or unfit to be tried etc.);(d) a conviction of an offence for which an order is made placing the offender on probation or discharging him absolutely or conditionally.

(4) This Article applies -

(a) whether the offence was committed in Northern Ireland or elsewhere; and(b) whether it is an offence under the law of Northern Ireland or of any other country or territory.

Surrender to custody

4. - (1) A person released on bail shall be under a duty to surrender to custody.

(2) In this Part -

"surrender to custody" means, in relation to a person released on bail, surrendering himself (according to the requirements of the grant of bail) -

(a) into the custody of the court at the time and place for the time being appointed for him to do so; or(b) at the police station and at the time appointed for him to do so.

Offence of absconding by person released on bail

5. - (1) If a person who has been released on bail fails without reasonable cause to surrender to custody, he shall be guilty of an offence.

(2) If a person who -

(a) has been released on bail, and(b) has, with reasonable cause, failed to surrender to custody,

fails to surrender to custody at the appointed place as soon after the appointed time as is reasonably practicable, he shall be guilty of an offence.

(3) A person guilty of an offence under paragraph (1) or (2) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding three months or to both.

Arrest for absconding or breaking conditions of bail

6. - (1) If a person who has been released on bail and is under a duty to surrender into the custody of a court fails to surrender to custody at the time appointed for him to do so, the court may issue a warrant for his arrest.

(2) If a person who has been released on bail absents himself from the court at any time after he has surrendered into the custody of the court and before the court is ready to begin or to resume the hearing of the proceedings, the court may issue a warrant for his arrest; but no warrant shall be issued under this paragraph where that person is absent in accordance with permission given to him by or on behalf of the court.

(3) A constable may arrest without warrant any person who has been released on bail and is under a duty to surrender to custody -

(a) if the constable has reasonable grounds for believing that that person is not likely to surrender to custody;(b) if the constable has reasonable grounds for believing that that person is likely to break any of the conditions of his bail or has reasonable grounds for suspecting that that person has broken any of those conditions; or(c) in a case where that person was released on bail with one or more surety or sureties, if a surety notifies a constable in writing that that person is unlikely to surrender to custody and that for that reason the surety wishes to be relieved of his obligations as a surety.

(4) A person who is arrested under paragraph (3) shall be brought before a magistrates' court as soon as practicable after the arrest and in any event not later than the next day following the day on which he is arrested.

(5) Where the day next following the day on which that person is arrested is Christmas Day, Good Friday or a Sunday, he shall be brought before a magistrates' court not later than the next following day which is not one of those days.

(6) Where a person is brought before a magistrates' court under paragraph (4) the court -

(a) if of the opinion that he - (i) is not likely to surrender to custody, or(ii) has broken or is likely to break any condition of his bail,

may remand him in custody or commit him to custody, as the case may require, or alternatively, grant him bail subject to the same or to different conditions; or

(b) if not of that opinion, shall grant him bail subject to the same conditions (if any) as were originally imposed.

(7) Paragraph (6) is subject to Articles 12 and 13 of the Criminal Justice (Children) (Northern Ireland) Order 1998 (NI 9) (release on bail or remand in custody of child).

Cases where person not to be released from police detention

7. In Article 39 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (NI 12) (duties of custody officer after charge) -

(a) in paragraph (1)(a) - (i) in head (ii) the words "for his own protection or" and the word "or" where it last occurs shall cease to have effect;(ii) at the end of head (iii) there shall be added

" or

(iv) the custody officer has reasonable grounds for believing that the detention of the person arrested is necessary for his own protection;";(b) after paragraph (2) there shall be inserted the following paragraph -

" (2A) The custody officer, in taking the decisions required by paragraph (1)(a) and (b) (except (a)(i) and (iv) and (b)(ii)), shall have regard to such of the following considerations as appear to him to be relevant -

(a) the nature and seriousness of the offence;(b) the character, antecedents, associations and community ties of the person;(c) the person's record as respects the fulfilment of his obligations under previous grants of bail, and(d) the strength of the evidence of the person's having committed the offence,

as well as to any other considerations which appear to be relevant.".

Bail under Part V of the Police and Criminal Evidence (Northern Ireland) Order 1989

8. - (1) In Article 48 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (NI 12) (bail after arrest) -

(a) in paragraph (1) (duty to appear or attend at appointed time), for the words from the beginning to "subject to" there shall be substituted the words "The duty of a person who is released on bail under this Part to surrender to custody under Article 4 of the Criminal Justice (Northern Ireland) Order 2003 consists of";(b) after paragraph (2) (appointed time) there shall be inserted the following paragraph -

" (2A) The custody officer shall make a record of the time and place appointed under paragraph (1)(a) or (b) and if the person...

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