Criminal Law Legislation Update
| Author | Sally Louise Ireland |
| DOI | 10.1350/jcla.68.5.360.43224 |
| Published date | 01 October 2004 |
| Date | 01 October 2004 |
| Subject Matter | Opinion |
Criminal Law Legislation
Update*
Sally Louise Ireland†
Primary legislation
The Justice (Northern Ireland) Act 2004 received Royal Assent on 13
May 2004, enacting various reforms to the Northern Irish system. Its
substantive provisions are not yet in force, but will come into force by
order of the Secretary of State.
Some of these provisions concern the Judicial Appointments Com-
mission for Northern Ireland. Under the 2004 Act, the Commission will
be established prior to devolution of responsibility for criminal justice to
the Northern Ireland Assembly, rather than after devolution (as had
been provided for in the 2002 Act of the same name). There are various
provisions regarding the composition of the Commission, including that
it be, as far as possible, reflective of the community in the jurisdiction.
The system of judicial appointments is reformed; for the appointments
of the Lord Chief Justice and Lords Justices of Appeal, recommendations
will be made to the Prime Minister by the First Minister and Deputy First
Minister. The Prime Minister will then make recommendations to the
Queen. The method for removing or suspending persons from judicial
offices listed in the 2002 Act is also altered in that the consent of the Lord
Chief Justice is no longer required; instead he will be merely
consulted.
Criminal justice agencies in Northern Ireland will be required by the
2004 Act to take account of human rights guidance from the Attorney-
General for Northern Ireland in the performance of their functions.
Scrutiny of police officers is also tightened; the DPP for Northern Ireland
is now required, if it comes to his attention that a police officer may have
committed a crime or disciplinary transgression, to refer the matter to
the Police Ombudsman for Northern Ireland.
A new offence is created of influencing a prosecutor: a person com-
mits the offence if, intending to pervert the course of justice, he seeks to
influence a prosecutor in any decision as to whether to institute or
continue criminal proceedings. The offence is triable either way and the
maximum sentence is five years’ imprisonment and/or a fine. Prosecu-
tions under this section may not be instituted without the consent of the
DPP for Northern Ireland.
There are changes to the bail system, including the creation of a right
of appeal for prosecutors against the grant of bail by the magistrates’
...
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