Introductory Text

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

1.Temporary High Court judges
2.County court judges and deputy county court judges
3.In section 102(1) (appointment of county court judges), for “Lord...
4.(1) Section 107 (deputy county court judges) is amended as...
5.In section 134 (evidence of health of person recommended for...
6.After section 136 insert— Charges on Northern Ireland Consolidated Fund...
7.Resident magistrates and deputy resident magistrates
8.In section 9(1) (appointment of resident magistrates), for “Lord Chancellor”...
9.In section 10(1) (appointment of deputy resident magistrates)—
10.In section 168(2) (payment of salaries), for “the United Kingdom”...
11.Coroners and deputy coroners
12.In section 1 (administration of matters relating to coroners), for...
13.For section 2(1) substitute— (1) The First Minister and deputy...
14.In section 3 (power to amalgamate coroners’ districts), for “Lord...
15.In section 6(2) (inability or failure of coroner to discharge...
16.Statutory officers and deputies and temporary appointments
17.(1) Section 70 (appointment of statutory officers) is amended as...
18.(1) Section 74 (deputies and temporary appointments) is amended as...
19.Chief Social Security Commissioner, Social Security Commissioners and deputy Social Security Commissioners for Northern Ireland
20.Chief Child Support Commissioner, Child Support Commissioners and deputy Child Support Commissioners for Northern Ireland
21.In section 23(1) (appointment of Child Support Commissioners for Northern...
22.In paragraph 8(d) of Schedule 4 (application of provisions relating...
23.President and members of appeal tribunals
24.In Article 6(1) (appointment of the President of appeal tribunals),...
25.(1) Article 7 (appointment of panel of persons to act...
26.Chairmen of Social Care Tribunals in Northern Ireland
27.(1) Article 30 (constitution of panels of persons available to...
28.In Article 31(2) (constitution of tribunal), for “Lord Chancellor” substitute...
29.President and Vice President of the Industrial Tribunals and the Fair Employment Tribunal and chairmen of the Fair Employment Tribunal
30.The Fair Employment Tribunal Regulations (Northern Ireland) 1989 (S.R. 1989...
31.In regulation 2(2) regulation 2(1) , in the definitions of...
32.In regulation 4(1) regulation 4(6) (resignation of chairmen of the...
33.In regulation 2(2) of the Fair Employment Tribunal (Rules of...
34.President and other members of the Lands Tribunal for Northern Ireland
35.In section 1(2) (appointment of President and other members), for...
36.In section 3(1) and (2) (appointment of deputy President and...
37.President and chairmen of Special Educational Needs Tribunal for Northern Ireland
38.Members of tribunal established under section 91 of the Northern Ireland Act 1998
39.Members of the Mental Health Review Tribunal for Northern Ireland
40.Lay magistrates
41.(1) Section 9 is amended as follows.
42.(1) Section 90 is amended as follows.

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

The Ombudsman

1.(1) A person must not be appointed as the Ombudsman...
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...
53.Juries (Northern Ireland) Order 1996 (S.I. 1996/1141 (N.I. 6))
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...
74.In Article 44(1) (effect of subsequent conviction where 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