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Justice (Northern Ireland) Act 2004

Consolidated Text As Enacted Cited authorities 83 Cited in Amendments 60 Related
Vincent
JurisdictionUK Non-devolved
Citation2004 c. 4
Year2004
  • The Justice (Northern Ireland) Act 2002 (c. 26) (“
    • (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.
    the Lord Chancellor, andthose responsible for making nominations under subsection (5) (a) and (b) ,(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.
    Subject as follows, a judicial member of the Commission holds office for the period specified in his appointment (or re-appointment) .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.(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
    may have committed a criminal offence; ormay, in the course of a criminal investigation, have behaved in a manner which would justify disciplinary proceedings; andis not the subject of a complaint,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) ”.
  • After section 32 of the 2002 Act insert—
      (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.
    • 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.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.on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding six months, or to both, andon conviction on indictment, to imprisonment for a term not exceeding five years or to a fine, or to both.Proceedings for an offence under this section shall not be instituted without the consent of the Director.(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 section applies on the exercise

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