Justice Act (Northern Ireland) 2015

Contents

Part 1 · Single jurisdiction for county courts and magistrates' courts

1Single jurisdiction: abolition of county court divisions and petty sessions districts#

(1)Northern Ireland is no longer to be divided into county court divisions and petty sessions districts.

(2)The jurisdiction and powers of a county court or a magistrates' court are exercisable throughout the whole of Northern Ireland.

2Administrative court divisions#

(1)The Department, after consultation with the Lord Chief Justice, shall by directions divide Northern Ireland into areas to be known as administrative court divisions.

(2)The directions may specify different administrative court divisions for different courts and for different purposes of the same court and, in particular, may specify administrative court divisions—

(a)for all purposes of a court;

(b)for specified purposes of a court (for example for the purposes of a county court sitting as a family care centre or a court of summary jurisdiction sitting as a family proceedings court);

(c)for the residual purposes of a court (that is to say for all purposes other than those dealt with under paragraph (b)).

(3)For the purposes of this section “court” means—

(a)a county court;

(b)a magistrates' court.

(4)Each administrative court division established by directions under this section is to be known by such name as is specified in the directions.

3Directions as to distribution of business#

(1)The Lord Chief Justice may give directions as to—

(a)the distribution of the business of county courts among such courts;

(b)the transfer of such business from one county court to another;

(c)the distribution of the business of magistrates' courts among such courts;

(d)the transfer of such business from one magistrates' court to another.

(2)For the purpose of subsection (1) “the business of county courts” includes—

(a)all such proceedings and matters whatsoever (whether civil or criminal) as under any statutory provision are to be heard by a county court (of any description);

(b)all such other things as under any statutory provision are to be done by, or in relation to, a county court (of any description).

(3)For the purpose of subsection (1) “the business of magistrates' courts” includes—

(a)all such proceedings and matters whatsoever (whether civil or criminal) as under any statutory provision are to be heard by a magistrates' court (of any description);

(b)all such other things as under any statutory provision are to be done by, or in relation to a magistrates' court (of any description).

(4)The Department may give directions as to—

(a)the distribution among chief clerks of the functions exercisable under any statutory provision by a chief clerk;

(b)the distribution among clerks of petty sessions of the functions exercisable under any statutory provision by a clerk of petty sessions.

(5)In any statutory provision—

(a)a reference, in connection with any proceedings or matter, to the chief clerk is a reference to the chief clerk who, in accordance with directions under subsection (4), is to act in relation to those proceedings or that matter;

(b)a reference, in connection with any proceedings or matter, to the clerk of petty sessions is a reference to the clerk of petty sessions who, in accordance with directions under subsection (4), is to act in relation to those proceedings or that matter.

4Lay magistrates#

(1)The Northern Ireland Judicial Appointments Commission must appoint persons to be lay magistrates.

(2)A lay magistrate shall—

(a)be appointed for an administrative court division which is specified under section 2 for all or the residual purposes of a magistrates' court; but

(b)have as regards the whole of Northern Ireland the jurisdiction and duties which immediately before commencement were vested in or imposed on a lay magistrate as regards a county court division.

(3)Accordingly, so much of any existing statutory provision as requires or authorises anything to be done by, or in relation to, a lay magistrate acting for a particular county court division shall be disregarded; and that thing may be done by, or in relation to, any lay magistrate.

(4)A lay magistrate shall sit in courts in accordance with directions given by the Lord Chief Justice; and in giving such directions the Lord Chief Justice is to have regard to the desirability of a lay magistrate sitting in courts held in reasonable proximity to where the lay magistrate lives or works.

(5)A person may not be appointed to be a lay magistrate unless that person—

(a)has completed a course of training approved by the Lord Chief Justice after consultation with the Department, or

(b)has given an undertaking in writing to attend such a course of training.

(6)It is a condition of the appointment of a person under subsection (5)(b) that the person will complete such a course of training within the period of one year beginning with the date of appointment or such longer period as the Lord Chief Justice may, after consulting the Department, allow.

(7)The Department may, after consultation with the Lord Chief Justice, by order make further provision about eligibility for appointment as a lay magistrate.

(8)The provision which may be made by an order under subsection (7) includes (in particular) provision that a person (“P”) may not be appointed to be a lay magistrate—

(a)if P, or a person related to or otherwise connected with P in a prescribed manner—

(i)holds an office of a prescribed description,

(ii)has an occupation of a prescribed description, or

(iii)has been selected as a candidate for election to a prescribed body,

(b)if P is, under the law of any part of the United Kingdom—

(i)an undischarged bankrupt or a person whose estate has been sequestered under an order which has not been discharged,

(ii)subject to a bankruptcy restrictions order or an interim bankruptcy restrictions order, or

(iii)subject to a moratorium period under a debt relief order or subject to a debt relief restrictions order or an interim debt relief restrictions order,

(c)if P has been convicted of a prescribed offence, or

(d)if P does not live or work in, or within a prescribed distance of, the administrative court division for which P is to be appointed,

unless the Department, after consultation with the Lord Chief Justice, otherwise determines in P's particular case.

(9)In subsection (8) “prescribed” means prescribed in an order under subsection (7).

(10)An act by a person appointed to be a lay magistrate is not invalidated by reason only that that person is not a lay magistrate because that person was not eligible to be appointed.

(11)A lay magistrate ceases to hold office on attaining the age of 75 .

(12)An act by a person who has been a lay magistrate is not invalidated by reason only that that person has ceased to hold office under subsection (11).

(13)The Department must pay to lay magistrates any such allowances as it may determine.

(14)The Lord Chief Justice, Lords Justices of Appeal, judges of the High Court and county court judges may exercise any function of a lay magistrate.

5Justices of the peace#

(1)There shall be a commission of the peace for Northern Ireland—

(a)issued under the Great Seal of Northern Ireland; and

(b)addressed generally, and not by name, to all such persons as may from time to time hold office as justices of the peace for Northern Ireland.

(2)Justices of the peace for Northern Ireland—

(a)shall be appointed by the Department by instrument on behalf and in the name of Her Majesty, and

(b)may be removed from office in the same manner.

(3)A justice of the peace shall have as regards the whole of Northern Ireland the jurisdiction and duties which immediately before commencement were vested in or imposed on a justice of the peace as regards a county court division.

(4)Accordingly, so much of any existing statutory provision as requires or authorises anything to be done by, or in relation to, a justice of the peace acting for a particular county court division shall be disregarded; and that thing may be done by, or in relation to, any justice of the peace.

(5)The Department shall make arrangements—

(a)for keeping a copy of any instrument appointing or removing a justice of the peace; and

(b)for keeping, and from time to time rectifying, a record of all persons for the time being holding office as justice of the peace.

6Consequential amendments#

(1)Schedule 1 (which contains amendments consequential on the preceding provisions of this Part) has effect.

(2)The Department may by order make such supplementary, incidental or consequential provision as it considers appropriate in consequence of, or for giving full effect to, this Part.

(3)An order under subsection (2) may amend, repeal, revoke or otherwise modify any statutory provision.

Part 4 · Victims and witnesses

The Victim Charter and the Witness Charter

28The Victim Charter#

(1)The Department must issue a Victim Charter.

(2)The Charter must set out—

(a)the services which are to be provided to victims by specified criminal justice agencies and the standards which are to be expected in relation to those services;

(b)the standards which are to be expected in relation to the treatment of victims by such agencies.

(3)In particular the Charter must include provision for a victim—

(a)to be treated with courtesy, dignity and respect;

(b)to be informed about the services available to victims;

(c)to be informed about—

(i)the progress of relevant proceedings, and the reasons for any delay in those proceedings, at such intervals or at such times as are specified;

(ii)the final outcome of relevant proceedings, within such time as is specified;

(d)where in the course of relevant proceedings a decision is taken not to prosecute a person in respect of the criminal conduct concerned, to be given the reasons for that decision within such time as is specified;

(e)to be informed about any special measures which may be available to the victim under Article 4 or 5 of the Criminal Evidence (Northern Ireland) Order 1999 if called as a witness in criminal proceedings arising out of the criminal conduct concerned;

(f)to be informed about the opportunity to make a victim statement under section 33;

(g)to have considered by an independent body any complaint against a criminal justice agency in relation to any provision of the Charter which has not been resolved by that agency.

(4)The Charter may restrict the application of any of its provisions and, in particular, may restrict the application of any of its provisions to—

(a)specified descriptions of victims;

(b)victims of specified offences or descriptions of conduct;

(c)specified criminal justice agencies;

(d)cases where the criminal conduct concerned has been reported to the police.

(5)The Charter may provide for exceptions to its provisions, including in particular exceptions for the purpose of—

(a)ensuring compliance with any statutory provision or order of a court;

(b)avoiding jeopardising any criminal investigation or criminal proceedings;

(c)avoiding endangering any individual.

(6)The Charter may include provision requiring or permitting the services which are to be provided to a victim to be provided to one or more other persons as well as the victim.

(7)The Charter may not require anything to be done by—

(a)a person acting in a judicial capacity;

(b)a person acting in the discharge of a function of a member of the Public Prosecution Service for Northern Ireland which involves the exercise of a discretion.

(8)In this section “criminal justice agency” means a body or person which has any functions relating to—

(a)victims; or

(b)any other aspect of the criminal justice system.

(9)A criminal justice agency must, in carrying out any functions mentioned in subsection (8), have regard to the Charter.

(10)In this section—• “criminal conduct concerned”, in relation to a victim, is to be construed in accordance with section 29(1);• “relevant proceedings”, in relation to a victim, means the investigation into the criminal conduct concerned, the taking of a decision whether to prosecute any person in respect of that criminal conduct and any criminal proceedings taken against any person in respect of that criminal conduct;• “specified” means specified in the Victim Charter.

29Meaning of victim#

(1)Subject to subsections (3) to (6), in section 28 “victim” means an individual who is a victim of criminal conduct; and, in relation to a victim, references to “the criminal conduct concerned” are to be construed accordingly.

(2)In determining whether an individual is a victim of criminal conduct, it is immaterial that no person has been charged with or convicted of an offence in respect of the conduct.

(3)If (whether as a result of the criminal conduct concerned or not)—

(a)the physical or mental state of a victim is such that it is unreasonable to expect the victim to act on his or her own behalf, or

(b)a victim has died,

references in section 28 to the victim are to be read as references to a member of the family of the victim.

(4)If a victim is under the age of 18, references in section 28 to the victim are to be read as including references to a parent of the victim.

(5)Subsection (3)(a) and subsection (4) do not apply in any case where a criminal justice agency determines that it would not be in the best interests of the victim for that provision to apply.

(6)The Victim Charter may make provision—

(a)as to the persons who are to be treated as members of the family of the victim for the purposes of subsection (3) and the identification of the person who is to act for the purposes of that subsection;

(b)for criminal justice agencies, in circumstances specified in the Charter, to treat any other person as if that person were the victim (either instead of or in addition to the actual victim or a person who would fall to be treated as the victim under subsection (3) or (4)).

(7)Nothing in this section enables or requires an individual to be treated as a victim if that individual is under investigation for, or has been charged with, an offence arising from the criminal conduct concerned.

(8)In this section—• “criminal conduct” means conduct constituting an offence;• “criminal justice agency” has the meaning given by section 28(8);• “parent”, in relation to a child, includes a person who has parental responsibility for the child (within the meaning of the Children (Northern Ireland) Order 1995).

30The Witness Charter#

(1)The Department must issue a Witness Charter.

(2)The Charter must set out—

(a)the services which are to be provided to witnesses in criminal investigations and criminal proceedings by specified criminal justice agencies and the standards which are to be expected in relation to those services;

(b)the standards which are to be expected in relation to the treatment of witnesses by such agencies.

(3)The Charter may restrict the application of any of its provisions and, in particular, may restrict the application of any of its provisions to—

(a)specified descriptions of witnesses;

(b)witnesses in criminal investigations of, or criminal proceedings for, specified offences or descriptions of conduct;

(c)specified criminal justice agencies.

(4)The Charter may provide for exceptions to its provisions, including in particular exceptions for the purpose of—

(a)ensuring compliance with any statutory provision or order of a court;

(b)avoiding jeopardising any criminal investigation or criminal proceedings;

(c)avoiding endangering any individual.

(5)The Charter may include provision requiring or permitting the services which are to be provided to a witness to be provided to one or more other persons instead of or in addition to the witness.

(6)The Charter may not require anything to be done by—

(a)a person acting in a judicial capacity;

(b)a person acting in the discharge of a function of a member of the Public Prosecution Service for Northern Ireland which involves the exercise of a discretion.

(7)In this section “criminal justice agency” means a body or person which has any functions relating to—

(a)witnesses in criminal investigations or criminal proceedings; or

(b)any other aspect of the criminal justice system.

(8)A criminal justice agency must, in carrying out any functions mentioned in subsection (7), have regard to the Charter.

(9)In this section—• “defendant”, in relation to any criminal proceedings, means a person who has been charged with, or convicted of, a criminal offence in the proceedings;• “specified” means specified in the Witness Charter;• “witness” means a person (other than the defendant) who—(a) has witnessed criminal or other conduct in relation to which that person may be or has been called to give evidence in criminal proceedings;(b) is able to provide or has provided information or any other thing which might assist a criminal investigation or which might be or has been used in evidence in criminal proceedings; or(c) for any other reason is called or might be called to give evidence in criminal proceedings.

31Procedure for issuing Charters#

(1)This section applies in relation to a Charter required to be issued under section 28 or 30.

(2)After preparing the Charter, the Department must lay the Charter before the Assembly.

(3)The Charter comes into operation on such date as the Department may by order appoint.

(4)The Department may revise a Charter which is in operation; and subsections (2) and (3) apply to a revised Charter as they apply to the Charter as first prepared.

32Effect of non compliance#

(1)If a criminal justice agency fails to comply with the Charter issued under section 28 or 30, the failure does not of itself make the agency liable to criminal or civil proceedings.

(2)But the Charter is admissible in evidence in criminal or civil proceedings and a court may take into account a failure to comply with the Charter in determining a question in the proceedings.

Victim statements

33Persons to be afforded opportunity to make victim statement#

(1)A natural person against whom an offence has been committed or is alleged to have been committed (“the victim”) is to be afforded an opportunity to make a statement under this section.

(2)If (whether as a result of the offence or not)—

(a)the physical or mental state of the victim is such that it is unreasonable to expect the victim to act on his or her own behalf, or

(b)the victim has died,

a member of the family of the victim is to be afforded an opportunity to make a statement under this section.

(3)If the victim is under the age of 18, a parent of the victim is to be afforded an opportunity to make a statement under this section in addition to the victim.

(4)Where subsection (2)(a) or (3) applies such other person as may be determined under or in accordance with regulations may, in prescribed circumstances, be afforded the opportunity to make a statement under this section (in addition to or instead of any person entitled to be afforded that opportunity under that subsection).

(5)Where subsection (2)(b) applies such other person as may be determined under or in accordance with regulations may, in prescribed circumstances, be afforded the opportunity to make a statement under this section (in addition to or instead of any person entitled to be afforded that opportunity under that subsection).

(6)The opportunity to make a statement under this section is to be afforded—

(a)by the prescribed body or person; and

(b)at such time and in such manner as may be prescribed.

(7)Nothing in this section or regulations under this section requires an opportunity to be afforded where in all the circumstances of the case it is impracticable for the prescribed body or person to do so.

(8)A statement under this section—

(a)is to be made in writing;

(b)is referred to in this Part as a victim statement;

(c)if made by a person under subsection (1), (2)(b) or (5), is a statement as to the way in which, and degree to which, the offence or alleged offence has affected and continues to affect, the person making the statement and members of the victim's family;

(d)if made by a person under subsection (2)(a), (3) or (4), is a statement as to the way in which, and degree to which, the offence or alleged offence has affected and continues to affect, the victim. and members of the victim's family.

(9)Regulations may provide that, except in prescribed cases or circumstances, paragraphs (c) and (d) of subsection (8) are to have effect with the omission of the words “and members of the victim's family”.

(10)The provisions of the Victim Charter referred to in section 29(6)(a) apply for the purposes of subsections (2) and (8)(c) and (d) as they apply for the purposes of subsection (3) of section 29.

(11)In this section—• “parent”, in relation to a child, includes a person who has parental responsibility for the child (within the meaning of the Children (Northern Ireland) Order 1995);• “prescribed” means prescribed by regulations;• “regulations” means regulations made by the Department.

34Supplementary statement#

(1)The Department may by regulations make provision for a person who has made a victim statement in relation to an offence to be afforded on request an opportunity to make a statement supplementary to, or in amplification of, the victim statement.

(2)The regulations may in particular make provision as to the time at which, manner in which and person or body by which that opportunity is to be afforded; but the regulations may not require an opportunity to be afforded where in all the circumstances of the case it is impracticable to do so.

(3)References in section 35 to a victim statement include references to any statement made under this section in relation to that statement.

35Use of victim statement#

(1)The Department may by regulations make provision in relation to the provision of a copy of any victim statement made in respect of an offence to the defence and the court.

(2)Where a person is convicted of an offence by or before a court, the court must in determining the sentence in respect of the offence have regard to so much of any victim statement provided to it in accordance with regulations under subsection (1) as it considers to be relevant to that offence.

Part 5 · Criminal records

37Restriction on information provided to certain persons#

(1)The following provisions are repealed—

(a)section 101 of the Justice Act (Northern Ireland) 2011 (which, if commenced, would insert section 112(2A) into the Police Act 1997 requiring copies of certain criminal conviction certificates to be given to employers etc.);

(b)section 113A(4) of the Police Act 1997 (requirement to send copy of criminal record certificate to registered person); and

(c)section 113B(5) and (6) of that Act (requirement to give relevant information, and copy of enhanced criminal record certificate to registered person).

(2)After section 120AB of the Police Act 1997 (procedure for certain cancellations or suspensions of registration) insert—“120AC 1 The Department must, in response to a request from a person who is acting as the registered person in relation to an application under section 113A or 113B, inform that person whether or not a certificate has been issued in response to the application.2 Subsections (3) and (4) apply if, at the time a request is made under subsection (1), a certificate has been issued.3 In the case of a certificate under section 113A, if it was a certificate stating that there is no relevant matter recorded in central records, the Department may inform the person who made the request that the certificate was such a certificate.4 In the case of a certificate under section 113B, if it was a certificate—a stating that there is no relevant matter recorded in central records and no information provided in accordance with subsection (4) of that section, andb if section 113BA(1) or 113BB(1) applies to the certificate, containing no suitability information indicating that the person to whom the certificate is issued—i is barred from regulated activity relating to children or to vulnerable adults, orii is included in a list kept under Article 70(2)(e)(iii) or 88A(2)(b)(iii) of the Education and Libraries (Northern Ireland) Order 1986,the Department may inform the person who made the request that the certificate was such a certificate.5 If no certificate has been issued, the Department must inform the person who made the request of such other matters relating to the processing of the application as the Department considers appropriate.6 Subject to subsections (2) to (4), nothing in this section permits the Department to inform a person who is acting as the registered person in relation to an application under section 113A or 113B of the content of any certificate issued in response to the application.7 The Department may refuse a request under subsection (1) if it is made after the end of a prescribed period beginning with the day on which the certificate was issued.8 In this section—• “central records” and “relevant matter” have the same meaning as in section 113A;• “suitability information” means information required to be included in a certificate under section 113B by virtue of section 113BA or 113BB.9 Expressions in subsection (4)(b) and in the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 have the same meaning in that paragraph as in that Order.120AD 1 Subsection (2) applies if—a the Department gives up-date information in relation to a criminal record certificate or enhanced criminal record certificate,b the up-date information is advice to apply for a new certificate or (as the case may be) request another person to apply for such a certificate, andc the person whose certificate it is in respect of which the up-date information is given applies for a new criminal record certificate or (as the case may be) enhanced criminal record certificate.2 The Department must, in response to a request made within the prescribed period by the person who is acting as the registered person in relation to the application, send to that person a copy of any certificate issued in response to the application if the registered person—a has counter-signed the application or transmitted it to the Department under section 113(2A) or 113B(2A),b has informed the Department that the applicant for the new certificate has not, within such period as may be prescribed, sent a copy of it to a person of such description as may be prescribed, andc no prescribed circumstances apply.3 The power under subsection (2)(b) to prescribe a description of person may be exercised to describe the registered person or any other person.4 In this section “up-date information” has the same meaning as in section 116A.”

38Minimum age for applicants for certificates or to be registered#

(1)In sections 113A(1), 113B(1), 114(1) and 116(1) of the Police Act 1997 (applications for certificates), before the word “and” at the end of paragraph (a), insert—“aa except in prescribed circumstances, is aged 16 or over at the time of making the application,”

(2)After section 120(4) of that Act (registered persons) insert—“4A An individual under the age of 18 applying for registration undersubsection (4)(b) or (c) must satisfy the Department that there is good reason for being registered.”

39Additional grounds for refusing an application to be registered#

After subsection (3) of section 120AA of the Police Act 1997 (refusal, etc. of registration on grounds not related to disclosure) insert—“4 Subsection (6) applies if an application is made under section 120 by an individual who—a has previously been a registered person; andb has been removed from the register (otherwise than at that individual's own request).5 Subsection (6) also applies if an application is made under section 120 by a body corporate or unincorporate which—a has previously been a registered person; andb has been removed from the register (otherwise than at its own request).6 The Department may refuse the application.”

40Enhanced criminal record certificates: additional safeguards#

(1)In subsection (4) of section 113B of the Police Act 1997 (enhanced criminal record certificates: requests by the Department to chief officers for information)—

(a)for “the chief officer of every relevant police force” substitute “ any relevant chief officer ”,

(b)omit “, in the chief officer's opinion”,

(c)in paragraph (a), for “might” substitute “ the chief officer reasonably believes to ”, and

(d)in paragraph (b), at the beginning insert “ in the chief officer's opinion, ”.

(2)After subsection (4) of that section of that Act insert—“4A The Department may from time to time publish guidance to chief officers as to the exercise of functions under subsection (4); and in exercising functions under that subsection a relevant chief officer must have regard to any guidance for the time being published under this subsection.”

(3)In subsection (9) of that section of that Act—

(a)before the definition of “relevant police force” insert—“relevant chief officer” means any chief officer of a police force who is identified by the Department for the purposes of making a request under subsection (4);”

(b)omit the definition of “relevant police force”.

(4)After section 117(1) of that Act (disputes about accuracy of certificates) insert—“1A Where any person other than the applicant believes that the information contained in a certificate under any of sections 112 to 116 is inaccurate, that person may make an application in writing to the Department for a decision as to whether or not the information is inaccurate.”

(5)After section 117 of that Act insert—“117A 1 Subsection (2) applies if a person believes that information provided in accordance with section 113B(4) and included in a certificate under section 113B or 116—a is not relevant for the purpose described in the statement under section 113B(2) or (as the case may be) 116(2), orb ought not to be included in the certificate.2 The person may apply in writing to the independent monitor appointed under section 119B for a decision as to whether the information is information which falls within subsection (1)(a) or (b).3 The independent monitor, on receiving such an application, must ask such chief officer of a police force as the independent monitor considers appropriate to review whether the information concerned is information which—a the chief officer reasonably believes to be relevant for the purpose described in the statement under section 113B(2) or (as the case may be) 116(2), andb in the chief officer's opinion, ought to be included in the certificate.4 In exercising functions under subsection (3), the chief officer concerned must have regard to any guidance for the time being published under section 113B(4A).5 If, following a review under subsection (3), the independent monitor considers that any of the information concerned is information which falls within subsection (1)(a) or (b)—a the independent monitor must inform the Department of that fact, andb on being so informed, the Department must issue a new certificate.6 In issuing such a certificate, the Department must proceed as if the information which falls within subsection (1)(a) or (b) had not been provided under section 113B(4).7 In deciding for the purposes of this section whether information is information which falls within subsection (1)(a) or (b), the independent monitor must have regard to any guidance for the time being published under section 113B(4A).8 Subsections (10) and (11) of section 113B apply for the purposes of this section as they apply for the purposes of that section.”

41Review of criminal record certificates#

(1)The Police Act 1997 is amended as follows.

(2)After section 117A (inserted by section 40(5)) insert—“117B Schedule 8A (which provides for an independent review of certain criminal record certificates) has effec”

(3)After Schedule 8 insert as Schedule 8A the Schedule set out in Schedule 4 to this Act.

44Electronic transmission of applications#

(1)In section 113A of the Police Act 1997 (criminal record certificates) after subsection (2) insert—“2A But an application for a criminal record certificate need not be countersigned by a registered person if—a the application is transmitted to the Department electronically by a registered person who satisfies conditions determined by the Department, andb it is transmitted in accordance with requirements determined by the Department.”

(2)In section 113B of that Act (enhanced criminal record certificates) after subsection (2) insert—“2A But an application for an enhanced criminal record certificate need not be countersigned by a registered person if—a the application is transmitted to the Department electronically by a registered person who satisfies conditions determined by the Department, andb it is transmitted in accordance with requirements determined by the Department.”

45Disclosures by Department of Justice to Disclosure and Barring Service#

In section 119 of the Police Act 1997 (sources of information) after subsection (4) insert—“4A The Department of Justice may provide to the Disclosure and Barring Service any information it holds for the purposes of this Part in order to enable the Disclosure and Barring Service to determine whether, in relation to any person, paragraph 1, 2, 3, 5, 7, 8, 9 or 11 of Schedule 1 to the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 applies or appears to apply.”

46Inclusion of cautions and other diversionary disposals in criminal records#

In Article 29 of the Police and Criminal Evidence (Northern Ireland) Order 1989 for paragraph (4) substitute—“4 The Department of Justice may by regulations make provision for recording—a convictions for such offences as are specified in the regulations (“recordable offences”);b cautions given in respect of recordable offences;c informed warnings given in respect of recordable offences;d diversionary youth conferences in respect of recordable offences.5 For the purposes of paragraph (4)—a “caution” means a caution given to a person in respect of an offence which, at the time when the caution is given, the person has admitted;b “diversionary youth conference” has the meaning given by Part 3A of the Criminal Justice (Children) (Northern Ireland) Order 1998.”

47Consequential amendments#

Schedule5 (which contains amendments consequential on the preceding provisions of this Part) has effect.

Part 6 · Child protection disclosures

48Child protection disclosures#

(1)The Criminal Justice (Northern Ireland) Order 2008 is amended as follows.

(2)In Article 49(1) (interpretation of Part 3)—

(a)after the definition of “agencies” insert—““child” means a person under the age of 18;“conviction” includes—i a conviction by or before a court outside Northern Ireland;ii any finding (other than a finding linked with a finding of insanity) in any criminal proceedings that a person has committed an offence or done the act or made the omission charged;iii a caution given to a person in respect of an offence which, at the time when the caution was given, the person has admitted;”

(b)after the definition of “specified” insert—““relevant previous conviction”, in relation to a person, means a conviction for a sexual or violent offence by reason of which the person falls within a specified description of persons;”

(3)In Article 50 (guidance to agencies on assessing and managing certain risks to the public) after paragraph (2) insert—“2A Guidance under this Article must contain provisions about arrangements for considering the disclosure, to any particular member of the public, of information concerning any relevant previous convictions of a person where it is necessary to protect a particular child or particular children from serious harm caused by that person; and the guidance may, in particular, contain provisions for the purpose of preventing a member of the public from disclosing that information to any other person.”

(4)In Article 50(3) for “Paragraph (2) does” substitute “ Paragraphs (2) and (2A) do ”.

Part 7 · Live links in criminal proceedings

49Live links: accused at committal proceedings#

(1)This section applies in relation to committal proceedings in a magistrates' court.

(2)Where it appears to the court before which the committal proceedings are to take place that the accused (“A”) is likely to be held in custody or detained in hospital during the proceedings, the court may give a live link direction under this section in relation to the attendance of A at the committal proceedings.

(3)A live link direction under this section is a direction requiring A, if A is being held in custody or detained in a hospital during the committal proceedings, to attend those proceedings through a live link from the place at which A is being held or detained.

(4)A is to be treated as present in court when, by virtue of a live link direction under this section, A attends committal proceedings through a live link.

(5)The court may not give a live link direction under this section unless—

(a)A has given consent to the direction; and

(b)the court is satisfied that it is not contrary to the interests of justice to give the direction.

(6)The court may not give a live link direction under this section unless—

(a)it has been notified by the Department that a live link is available between the court and the institution in which the accused is, or is to be, held or detained; and

(b)the notice has not been withdrawn.

(7)The court may rescind a live link direction under this section at any time before or during the committal proceedings to which it relates if it appears to the court to be in the interests of justice to do so (but this does not affect the court's power to give a further live link direction under this section in relation to A).

(8)The court shall not give or rescind a live link direction under this section (whether at a hearing or otherwise) unless A and the prosecutor have been given the opportunity to make representations.

(9)If a hearing takes place in relation to the giving or rescinding of a live link direction under this section, the court may require or permit a person attending the hearing to do so through a live link.

(10)The court must—

(a)state in open court its reasons for refusing to make or rescinding a live link direction under this section; and

(b)cause those reasons to be entered in the Order Book.

(11)If where A is attending committal proceedings through a live link it appears to the court—

(a)that A is not able to see and hear the court and to be seen and heard by it, and

(b)that this cannot be immediately corrected, the court must adjourn the proceedings.

(12). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(13)In this section—

(a)references to A being held in custody are references to A's being held in custody in a prison, young offenders centre, juvenile justice centre or other institution;

(b)references to A being detained in hospital are references to A's being detained in a hospital under Part 2 or 3 of the Mental Health (Northern Ireland) Order 1986;

(c)“live link” means an arrangement by which a person (when not in the place where the proceedings are being held) is able to see and hear, and to be seen and heard by, the court during the proceedings (and for this purpose any impairment of eyesight or hearing is to be disregarded);

(d)“the Order Book” means the Order Book required to be kept under rule 19 of the Magistrates' Courts Rules (Northern Ireland) 1984.

51Live links: proceedings for failure to comply with certain orders or licence conditions#

(1)This section applies to the following proceedings in a magistrates' court or the Crown Court in relation to a person (“the offender”)—

(a)proceedings under Article 27 of the Criminal Justice (Northern Ireland) Order 1996 (failure of the offender to comply with any of the conditions specified in a licence under Article 26 of that Order);

(b)proceedings under paragraph 3 or 4 of Schedule 2 to the Criminal Justice (Northern Ireland) Order 1996 (failure of the offender to comply with any of the requirements of a probation order, community service order, combination order or custody probation order);

(c)proceedings under Article 38(3) of the Criminal Justice (Children) (Northern Ireland) Order 1998 (failure of the offender to comply with requirements of attendance centre order);

(d)proceedings under Article 41 of the Criminal Justice (Children) (Northern Ireland) Order 1998 (failure of the offender to comply with supervision requirements under Article 40(2) or (3) of that Order);

(e)proceedings under paragraphs 3 or 4 of Schedule 1A to the Criminal Justice (Children) (Northern Ireland) Order 1998 (failure of the offender to comply with any requirement of a reparation order, community responsibility order or youth conference order).

(2)If it appears to the court that it is likely that the offender will be held in custody or detained in hospital during any proceedings to which this section applies, the court may give a live link direction under this section in relation to the attendance of the offender at those proceedings.

(3)A live link direction under this section is a direction requiring the offender, if the offender is being held in custody or detained in hospital during the proceedings, to attend them through a live link from the place at which the offender is being held or detained.

(4)The offender is to be treated as present in court when, by virtue of a live link direction under this section, the offender attends proceedings through a live link.

(5)The court may not give a live link direction under this section unless—

(a)the offender has given consent to the direction; and

(b)the court is satisfied that it is not contrary to the interests of justice to give the direction.

(6)The court may rescind a live link direction given under this section at any time before or during the proceedings to which it relates if it appears to the court to be in the interests of justice to do so (but this does not affect the court's power to give a further live link direction under this section in relation to the offender).

(7)The court may give or rescind a live link direction under this section of its own motion or on an application by a party.

(8)The offender may not give oral evidence while attending proceedings through a live link by virtue of this section unless—

(a)the offender consents to give evidence in that way; and

(b)the court is satisfied that it is not contrary to the interests of justice for the offender to give evidence in that way.

(9)The court must—

(a)state in open court its reasons for refusing an application for, or for the rescission of, a live link direction under this section; and

(b)if it is a magistrates' court, cause those reasons to be entered in the Order Book.

(10)If where the offender is attending proceedings through a live link it appears to the court—

(a)that the offender is not able to see and hear the court and to be seen and heard by it, and

(b)that this cannot be immediately corrected,

the court must adjourn the proceedings.

(11)A court shall not give a live link direction under this section unless—

(a)it has been notified by the Department that a live link is available between the court and the institution in which the accused is, or is to be, held in custody or detained; and

(b)the notice has not been withdrawn.

(12)The Department may by order amend subsection (1) by adding—

(a)proceedings for failure to comply with an order of a court made on conviction of a person;

(b)proceedings for breach of the conditions of a licence granted on release from a custodial sentence.

(13)In this section—

(a)references to a person being held in custody are references to the person's being held in custody in a prison, young offenders centre, juvenile justice centre or other institution;

(b)references to a person being detained in hospital are references to the person's being detained in a hospital under Part 2 or 3 of the Mental Health (Northern Ireland) Order 1986;

(d)“the Order Book” means the Order Book required to be kept under rule 19 of the Magistrates' Courts Rules (Northern Ireland) 1984.

53Live links: witnesses outside the United Kingdom#

(1)Part 3 of the Criminal Justice (Northern Ireland) Order 2004 (live links for witnesses in certain criminal proceedings) is amended in accordance with subsections (2) and (3).

(2)After Article 11A (inserted by section 52) insert—“11B 1 This Part applies whether the witness is in the United Kingdom or elsewhere.2 A statement made on oath by a person outside the United Kingdom and given in evidence through a link under this Part shall be treated for the purposes of Article 3 of the Perjury (Northern Ireland) Order 1979 as having been made in the proceedings in which it is given in evidence.”

(3)In Article 15 (interpretation)—

(a)in paragraph (2) for “at a place in the United Kingdom which is outside the building” substitute “ absent from the place ”;

(b)after paragraph (4) insert—“4A Where two or more legal representatives are acting for a party to the proceedings, paragraph (3)(c) is to be regarded as satisfied in relation to those representatives if the witness is able at all material times to see and be seen by at least one of them.”

(4)In section 29(3) of the Crime (International Co-operation) Act 2003 (hearing witnesses abroad through live television links) for “Article 80A(4) of the Police and Criminal Evidence (Northern Ireland) Order 1989” substitute “ Article 10(2) of the Criminal Justice (Northern Ireland) Order 2004 ” and after “to apply” insert “ in relation to witnesses who are outside the United Kingdom ”.

54Live links: patients detained in hospital under Mental Health Order#

(1)In each of the following provisions (which enable a live link direction to be given in relation to a person expected to be in custody) after “in custody” insert “ or detained in hospital ”

(a)Articles 79(4)(a), 80(2), (3) and (8) and 81(2) and (3) of the Criminal Justice (Northern Ireland) Order 2008 (live link for accused in preliminary hearings and sentencing hearings);

(b)sections 16(2), (3), (8) and (10)(a) and 17(2), (3) and (10)(a) of the Justice Act (Northern Ireland) 2011 (live link for appellant in preliminary hearing or sentencing hearing on appeal to the county court).

(2)In each of the following at the end add “ or detained ”

(a)Articles 80(3) and 81(3) of the Criminal Justice (Northern Ireland) Order 2008;

(b)sections 16(3) and 17(3) of the Justice Act (Northern Ireland) 2011.

(3)In Article 79(3) of the Criminal Justice (Northern Ireland) Order 2008 after sub-paragraph (a) insert—“aa references to a person being detained in hospital are references to the person's being detained in a hospital under Part 2 or 3 of the Mental Health (Northern Ireland) Order 1986;”

(4)In section 16(11) of the Justice Act (Northern Ireland) 2011 after sub-paragraph (a) insert—“aa references to a person being detained in hospital are references to the person's being detained in a hospital under Part 2 or 3 of the Mental Health (Northern Ireland) Order 1986;”

(5)In section 17(11) of the Justice Act (Northern Ireland) 2011 after sub-paragraph (a) insert—“aa references to a person being detained in hospital are references to the person's being detained in a hospital under Part 2 or 3 of the Mental Health (Northern Ireland) Order 1986;”

Part 8 · Violent offences prevention orders

Supplementary

71Offences#

(1)If a person fails, without reasonable excuse, to comply with any prohibition or requirement contained in—

(a)a violent offences prevention order, or

(b)an interim violent offences prevention order,

the person commits an offence.

(2)If a person fails, without reasonable excuse, to comply with—

(a)section 65(1), 66(1) or (6)(b), 67(1), 68(2) or (6) or 70(3), or

(b)any requirement imposed by regulations made under section 69(1),

the person commits an offence.

(3)If a person notifies to the police, in purported compliance with—

(a)section 65(1), 66(1), 67(1) or 68(2) or (6), or

(b)any requirement imposed by regulations made under section 69(1),

any information which the person knows to be false, the person commits an offence.

(4)As regards an offence under subsection (2), so far as it relates to non-compliance with—

(a)section 65(1), 66(1), 67(1) or 68(2) or (6), or

(b)any requirement imposed by regulations made under section 69(1),

a person commits such an offence on the first day on which the person first fails, without reasonable excuse, to comply with the provision mentioned in paragraph (a) or (as the case may be) the requirement mentioned in paragraph (b), and continues to commit it throughout any period during which the failure continues.

(5)But a person must not be prosecuted under subsection (2) more than once in respect of the same failure.

(6)A person guilty of an offence under this section is liable—

(a)on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

(b)on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine or both.

72Supply of information to relevant Northern Ireland departments or Secretary of State#

(1)This section applies to information notified to the police under section 65(1), 66(1) or 67(1).

(2)The Chief Constable may, for the purposes of the prevention, detection, investigation or prosecution of offences under this Part, supply information to which this section applies to—

(a)a relevant Northern Ireland department,

(b)the Secretary of State, or

(c)a person providing services to a relevant Northern Ireland department or the Secretary of State in connection with a relevant function,

for use for the purpose of verifying the information.

(3)In relation to information supplied to any person under subsection (2), the reference to verifying the information is a reference to—

(a)checking its accuracy by comparing it with information held—

(i)where the person is a relevant Northern Ireland department or the Secretary of State, by that department or the Secretary of State in connection with the exercise of a relevant function, or

(ii)where the person is within subsection (2)(c), by that person in connection with the provision of services as mentioned there, and

(b)compiling a report of that comparison.

(4)Subject to subsection (5), the supply of information under this section is to be taken not to breach any restriction on the disclosure of information (however arising).

(5)This section does not authorise the doing of anything that contravenes the data protection legislation .

(6)This section does not affect any power to supply information that exists apart from this section.

(7)In this section—• “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act);• “relevant Northern Ireland department” means the Department for Employment and Learning, the Department of the Environment or the Department for Social Development;• “relevant function” means—(a) in relation to the Department for Employment and Learning, a function relating to employment or training;(b) in relation to the Department of the Environment, a function under Part 2 of the Road Traffic (Northern Ireland) Order 1981;(c) in relation to the Department for Social Development, a function relating to social security or child support;(d) in relation to the Secretary of State, a function relating to passports.

73Supply of information by relevant Northern Ireland departments or Secretary of State#

(1)A report compiled under section 72 may be supplied to the Chief Constable by—

(a)the relevant Northern Ireland department,

(b)the Secretary of State, or

(c)a person within section 72(2)(c).

(2)Such a report may contain any information held—

(a)by the relevant Northern Ireland department or the Secretary of State in connection with the exercise of a relevant function, or

(b)by a person within section 72(2)(c) in connection with the provision of services as mentioned there.

(3)Where such a report contains information within subsection (2), the Chief Constable—

(a)may, subject to subsections (4) to (8), retain the information, whether or not used for the purposes of the prevention, detection, investigation or prosecution of offences under this Part, and

(b)may use the information for any purpose related to the prevention, detection, investigation or prosecution of offences (whether or not under this Part), but for no other purpose.

(4)The information must be destroyed no later than the date on which the offender ceases to be subject to notification requirements unless it is retained by virtue of an order under subsection (5).

(5)The Chief Constable may apply to a District Judge (Magistrates' Court) for an order extending the period for which the information may be retained.

(6)An application for an order under subsection (5) must be made within the period of 3 months ending on the last day on which the offender will be subject to notification requirements.

(7)An order under subsection (5) may extend the period for which the information may be retained by a period of 2 years beginning when the offender ceases to be subject to notification requirements.

(8)The following persons may appeal to the county court against an order under subsection (5), or a refusal to make such an order—

(a)the Chief Constable;

(b)the person in relation to whom the order was sought.

(9)Subsections (4) to (7) of section 72 apply in relation to this section as they apply in relation to section 72.

74Information about release or transfer#

(1)This section applies to an offender subject to notification requirements who is—

(a)serving a custodial sentence; or

(b)detained in a hospital.

(2)The Department may by regulations make provision requiring the person who is responsible for such an offender to give notice to specified persons—

(a)of the fact that that person has become responsible for the offender; and

(b)of any occasion when—

(i)the offender is released, or

(ii)a different person is to become responsible for the offender.

(3)In subsection (2) “specified persons” means persons specified, or of a description specified, in the regulations.

(4)The regulations may make provision for determining who is to be taken for the purposes of this section as being responsible for an offender.

75Power of entry and search of offender's home address#

(1)If, on an application made by a police officer of the rank of superintendent or above, a lay magistrate is satisfied that the requirements in subsection (2) are met in relation to any premises, the lay magistrate may issue a warrant authorising a constable—

(a)to enter the premises for the purpose of assessing the risks posed by the offender subject to notification requirements to whom the warrant relates; and

(b)to search the premises for that purpose.

(2)The requirements are—

(a)that the address of each set of premises specified in the application is an address falling within subsection (3);

(b)that the offender is not one to whom subsection (4) applies;

(c)that it is necessary for a constable to enter and search the premises for the purpose mentioned in subsection (1)(a);

(d)that, in a case where a person other than the offender resides there, it is proportionate in all the circumstances for a constable to enter and search the premises for that purpose; and

(e)that on at least two occasions a constable has sought entry to the premises in order to search them for that purpose and has been unable to obtain entry for that purpose.

(3)An address falls within this subsection if—

(a)it is the address which was last notified in accordance with this Part by the offender to the police as the offender's home address; or

(b)there are reasonable grounds to believe that the offender resides there or may regularly be found there.

(4)This subsection applies to an offender if the offender is—

(a)remanded in or committed to custody by order of a court;

(b)serving a custodial sentence;

(c)detained in a hospital; or

(d)outside the United Kingdom.

(5)A warrant issued under this section must specify the one or more sets of premises to which it relates.

(6)The warrant may authorise the constable executing it to use reasonable force if necessary to enter and search the premises.

(7)The warrant may authorise entry to and search of premises on more than one occasion if, on the application, the lay magistrate is satisfied that it is necessary to authorise multiple entries in order to achieve the purpose mentioned in subsection (1)(a).

(8)Where a warrant issued under this section authorises multiple entries, the number of entries authorised may be unlimited or limited to a maximum.

(9)In this section a reference to the offender subject to notification requirements to whom the warrant relates is a reference to the offender—

(a)who has in accordance with this Part notified the police that the premises specified in the warrant are the offender's home address; or

(b)in respect of whom there are reasonable grounds to believe that the offender resides there or may regularly be found there.

76Interpretation of this Part#

(1)In this Part—• “country” includes territory;• “custodial sentence” means—(a) a sentence of imprisonment;(b) a sentence of detention in a young offenders centre;(c) a sentence of detention under Article 13(4)(b) or 14(5) of the Criminal Justice (Northern Ireland) Order 2008;(d) a sentence of detention under Article 45 of the Criminal Justice (Children) (Northern Ireland) Order 1998;(e) an order under Article 39 of that Order sending the offender to a juvenile justice centre;(f) an order under Article 44A of that Order sending the offender to secure accommodation;(g) any other sentence under which a person is detained in custody;• “detained in a hospital” means detained in a hospital under Part 3 of the Mental Health (Northern Ireland) Order 1986;• “home address” has the meaning given by section 65(4);• “interim violent offences prevention order” means an order made under section 61;• “qualifying offender” has the meaning given by section 58(1);• “specified offence” has the meaning given by section 55(3) and (4);• “violent offences prevention order” has the meaning given by section 55(1).

(2)References in this Part to “D” in relation to a violent offences prevention order, or an application for such an order, are references to the person in relation to whom the order has effect or is sought.

(3)References in this Part to protecting the public from the risk of serious violent harm caused by a person are to be read in accordance with section 55(2).

(4)References in this Part to a finding of the kind mentioned in section 58(2)(b) or (c) or (3)(b) or (c) include references to a case where a decision on appeal is to the effect that there should have been such a finding in the proceedings concerned.

(5)References in this Part to an offender subject to notification requirements are to be read in accordance with section 64.

(6)Reference in this Part to a conviction include references to a finding of a court in summary proceedings, where the court makes an order under Article 44(4) of the Mental Health (Northern Ireland) Order 1986 that the accused did the act charged.

Notification requirements

64Offenders subject to notification requirements#

(1)References in the following provisions of this Part to an offender subject to notification requirements are references to an offender who is for the time being subject to a violent offences prevention order or an interim violent offences prevention order which is in force under this Part.

(2)Subsection (1) has effect subject to section 67(7) (which excludes from section 67 an offender subject to an interim violent offences prevention order).

65Notification requirements: initial notification#

(1)An offender subject to notification requirements must notify the required information to the police within the period of 3 days beginning with the date on which the violent offences prevention order or the interim violent offences prevention order comes into force in relation to the offender (“the relevant date”).

(2)The “required information” is the following information about the offender—

(a)date of birth;

(b)national insurance number;

(c)name on the relevant date or, if the offender used two or more names on that date, each of those names;

(d)home address on the relevant date;

(e)name on the date on which the notification is given or, if the offender used two or more names on that date, each of those names;

(f)home address on the date on which the notification is given;

(g)the address of any other premises in the United Kingdom at which on that date the offender regularly resides or stays;

(h)any information prescribed by regulations made by the Department.

(3)When determining the period of 3 days mentioned in subsection (1), there is to be disregarded any time when the offender is—

(a)remanded in or committed to custody by an order of a court;

(b)serving a custodial sentence;

(c)detained in a hospital; or

(d)outside the United Kingdom.

(4)In this Part “home address” means in relation to the offender—

(a)the address of the offender's sole or main residence in the United Kingdom, or

(b)if the offender has no such residence, the address or location of a place in the United Kingdom where the offender can regularly be found or, if there is more than one such place, such one of them as the offender selects.

66Notification requirements: changes#

(1)An offender subject to notification requirements must, within the period of 3 days beginning with the date on which any notifiable event occurs, notify to the police—

(a)the required new information, and

(b)the information mentioned in section 65(2).

(2)A “notifiable event” means—

(a)the use by the offender of a name which has not been notified to the police under section 65 or this section;

(b)any change of the offender's home address;

(c)the expiry of any qualifying period during which the offender has resided or stayed at any premises in the United Kingdom the address of which has not been notified to the police under section 65 or this section;

(d)any prescribed change of circumstances; or

(e)the release of the offender from custody pursuant to an order of a court or from a custodial sentence or detention in a hospital.

(3)The “required new information” is—

(a)the name referred to in subsection (2)(a),

(b)the new home address (see subsection (2)(b)),

(c)the address of the premises referred to in subsection (2)(c),

(d)the prescribed details, or

(e)the fact that the offender has been released as mentioned in subsection (2)(e),

as the case may be.

(4)A notification under subsection (1) may be given before the notifiable event occurs, but in that case the offender must also specify the date when the event is expected to occur.

(5)If a notification is given in accordance with subsection (4) and the event to which it relates occurs more than 2 days before the date specified, the notification does not affect the duty imposed by subsection (1).

(6)If a notification is given in accordance with subsection (4) and the event to which it relates has not occurred by the end of the period of 3 days beginning with the date specified—

(a)the notification does not affect the duty imposed by subsection (1), and

(b)the offender must, within the period of 6 days beginning with the date specified, notify to the police the fact that the event did not occur within the period of 3 days beginning with the date specified.

(7)Section 65(3) applies to the determination of—

(a)any period of 3 days for the purposes of subsection (1), or

(b)any period of 6 days for the purposes of subsection (6),

as it applies to the determination of the period of 3 days mentioned in section 65(1).

(8)In this section—

(a)“prescribed change of circumstances” means any change—

(i)occurring in relation to any matter in respect of which information is required to be notified by virtue of section 65(2)(h), and

(ii)of a description prescribed by regulations made by the Department;

(b)“the prescribed details”, in relation to a prescribed change of circumstances, means such details of the change as may be so prescribed.

(9)In this section “qualifying period” means—

(a)a period of 7 days, or

(b)two or more periods, in any period of 12 months, which taken together amount to 7 days.

67Notification requirements: periodic notification#

(1)An offender subject to notification requirements must, within the applicable period after each notification date, notify to the police the information mentioned in section 65(2), unless the offender has already given a notification under section 66(1) within that period.

(2)A “notification date” means, in relation to the offender, the date of any notification given by the offender under section 65(1) or 66(1) or subsection (1).

(3)Where the applicable period would (apart from this subsection) end while subsection (4) applies, that period is to be treated as continuing until the end of the period of 3 days beginning with the date on which subsection (4) first ceases to apply.

(4)This subsection applies if the offender is—

(a)remanded in or committed to custody by an order of a court,

(b)serving a custodial sentence,

(c)detained in a hospital, or

(d)outside the United Kingdom.

(5)In this section “the applicable period” means—

(a)in any case where subsection (6) applies, such period as may be prescribed by regulations made by the Department, and

(b)in any other case, the period of one year.

(6)This subsection applies if the last home address notified by the offender under section 65(1) or 66(1) or subsection (1) was the address or location of such a place as is mentioned in section 65(4)(b).

(7)Nothing in this section applies to an offender who is subject to an interim violent offences prevention order.

68Notification requirements: absence from notified residence#

(1)This section applies to an offender subject to notification requirements at any time if the last home address notified by the offender under section 65(1), 66(1) or 67(1) was an address in Northern Ireland such as is mentioned in section 65(4)(a) (sole or main residence).

(2)If the offender intends to be absent from that home address for a period of more than 3 days (“the relevant period”), the offender must, not less than 12 hours before leaving that home address, notify to the police the information set out in subsection (3).

(3)The information is—

(a)the date on which the offender will leave that home address;

(b)such details as the offender holds about—

(i)the offender's travel arrangements during the relevant period;

(ii)the offender's accommodation arrangements during that period;

(iii)the offender's date of return to that address.

(4)In this section—• “travel arrangements” include, in particular, the means of transport to be used and the dates of travel,• “accommodation arrangements” include, in particular, the address of any accommodation at which the relevant offender will spend the night during the relevant period and the nature of that accommodation.

(5)Where—

(a)an offender has given a notification under subsection (2), and

(b)at any time before that mentioned in that subsection, the information notified becomes inaccurate or incomplete,

the offender must give a further notification under subsection (2).

(6)Where an offender—

(a)has notified a date of return to the offender's home address, but

(b)returns to that home address on a date other than that notified,

the offender must notify the date of the offender's actual return to the police within 3 days of the actual return.

(7)Nothing in this section requires an offender to notify any information which falls to be notified in accordance with a requirement imposed by regulations under section 69.

(8)In calculating the relevant period for the purposes of this section there is to be disregarded—

(a)any period or periods which the offender intends to spend at, or travelling directly to or from, an address of the kind mentioned in section 65(2)(g) notified to the police under section 65(1), 66(1) or 67(1);

(b)any period or periods which the offender intends to spend at, or travelling directly to or from, any premises, if his stay at those premises would give rise to a requirement to notify the address of those premises under section 66(2)(c).

69Notification requirements: travel outside the United Kingdom#

(1)The Department may by regulations make provision with respect to offenders subject to notification requirements, or any description of such offenders—

(a)requiring such persons, before they leave the United Kingdom, to give in accordance with the regulations a notification under subsection (2);

(b)requiring such persons, if they subsequently return to the United Kingdom, to give in accordance with the regulations a notification under subsection (3).

(2)A notification under this subsection must disclose—

(a)the date on which the offender proposes to leave the United Kingdom;

(b)the country (or, if there is more than one, the first country) to which the offender proposes to travel and the proposed point of arrival (determined in accordance with the regulations) in that country;

(c)any other information prescribed by the regulations which the offender holds about the offender's departure from or return to the United Kingdom, or about the offender's movements while outside the United Kingdom.

(3)A notification under this subsection must disclose any information prescribed by the regulations about the offender's return to the United Kingdom.

70Method of notification and related matters#

(1)An offender gives a notification to the police under section 65(1), 66(1), 67(1) or 68(2) or (6) by—

(a)attending at any police station in Northern Ireland prescribed by regulations under section 87(1)(a) of the Sexual Offences Act 2003, and

(b)giving an oral notification to any police officer, or to any person authorised for the purpose by the officer in charge of the station.

(2)Any notification given in accordance with this section must be acknowledged; and the acknowledgement must be—

(a)in writing, and

(b)in such form as the Department may direct.

(3)Where a notification is given under section 65(1), 66(1), 67(1) or 68(2) or (6), the offender must, if requested to do so by the police officer or other person mentioned in subsection (1)(b), allow that officer or person to—

(a)take the offender's fingerprints,

(b)photograph any part of the offender, or

(c)do both of those things.

(4)Fingerprints and photographs taken from an offender under this section—

(a)are to be used for verifying the identity of the offender at any time while the offender is subject to notification requirements; and

(b)may also, subject to the following provisions of this section, be used for any purpose related to the prevention, detection, investigation or prosecution of offences (whether or not under this Part), but for no other purpose.

(5)Fingerprints taken from an offender under this section must be destroyed no later than the date on which the offender ceases to be subject to notification requirements, unless they are retained under the power conferred by subsection (7).

(6)Subsection (7) applies where—

(a)fingerprints have been taken from a person under any power conferred by the Police and Criminal Evidence (Northern Ireland) Order 1989;

(b)fingerprints have also subsequently been taken from that person under this section; and

(c)the fingerprints taken as mentioned in paragraph (a) do not constitute a complete and up to date set of the person's fingerprints or some or all of those fingerprints are not of sufficient quality to allow satisfactory analysis, comparison or matching.

(7)Where this subsection applies—

(a)the fingerprints taken as mentioned in subsection (6)(b) may be retained as if taken from the person under the power mentioned in subsection (6)(a); and

(b)the fingerprints taken as mentioned in subsection (6)(a) must be destroyed.

(8)Photographs taken of any part of the offender under this section must be destroyed no later than the date on which the offender ceases to be subject to notification requirements unless they are retained by virtue of an order under subsection (9).

(9)The Chief Constable may apply to a District Judge (Magistrates' Courts) for an order extending the period for which photographs taken under this section may be retained.

(10)An application for an order under subsection (9) must be made within the period of 3 months ending on the last day on which the offender will be subject to notification requirements.

(11)An order under subsection (9) may extend the period for which photographs may be retained by a period of 2 years beginning when the offender ceases to be subject to notification requirements.

(12)The following persons may appeal to the county court against an order under subsection (9), or a refusal to make such an order—

(a)the Chief Constable;

(b)the person in relation to whom the order was sought.

(13)In this section—

(a)“photograph” includes any process by means of which an image may be produced; and

(b)references to the destruction or retention of photographs or fingerprints include references to the destruction or retention of copies of those photographs or fingerprints.

Violent offences prevention orders

55Violent offences prevention orders#

(1)A violent offences prevention order is an order made under section 56 or 57 in respect of a person (“D”) which—

(a)contains such prohibitions or requirements authorised by section 59 as the court making the order considers necessary for the purpose of protecting the public from the risk of serious violent harm caused by D, and

(b)has effect for such period of not less than 2, nor more than 5, years as is specified in the order (unless renewed or discharged under section 60).

(2)For the purposes of this Part any reference to protecting the public from the risk of serious violent harm caused by a person is a reference to protecting—

(a)the public, or

(b)any particular members of the public,

from a current risk of serious physical or psychological harm caused by that person committing one or more specified offences.

(3)In this Part “specified offence” means an offence for the time being listed in Part 1 of Schedule 2 to the Criminal Justice (Northern Ireland) Order 2008 (violent offences) or a relevant terrorism offence .

(3A)In subsection (3), “relevant terrorism offence” means an offence under—

(a)section 54 of the Terrorism Act 2000 (weapons training);

(b)section 56 of that Act (directing a terrorist organisation);

(c)section 57 of that Act (possession of article for terrorist purposes);

(d)section 59 of that Act (inciting terrorism overseas);

(e)section 47 of the Anti-terrorism, Crime and Security Act 2001 (use etc of nuclear weapons);

(f)section 50 of that Act (assisting or inducing certain weapons-related acts overseas);

(g)section 113 of that Act (use of noxious substance or thing to cause harm or intimidate);

(h)section 5 of the Terrorism Act 2006 (preparation of terrorist acts);

(i)section 6 of that Act (training for terrorism);

(j)section 9 of that Act (making or possession of radioactive device or material);

(k)section 10 of that Act (misuse of radioactive device or material for terrorist purposes etc);

(l)section 11 of that Act (terrorist threats relating to radioactive devices etc).

(4)But the offence mentioned in paragraph 7 of Part 1 of Schedule 2 to the 2008 Order (assault occasioning actual bodily harm) is not a specified offence for the purposes of sections 56(2) or (3) or 58(2) or (3) unless—

(a)it was committed against—

(i)a vulnerable adult (within the meaning of Article 2(2) of the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007);

(ii)a person under the age of 18; or

(iii)a person living in the same household as the offender; or

(b)the court in sentencing the offender for the offence treated the offence as aggravated by hostility (within the meaning of Article 2 of the Criminal Justice (No. 2) (Northern Ireland) Order 2004).

56Violent offences prevention order made on conviction, etc.#

(1)A court may make a violent offences prevention order in respect of D where subsection (2) or (3) applies to D and the court is satisfied that it is necessary to make such an order for the purpose of protecting the public from the risk of serious violent harm caused by D.

(2)This subsection applies to D where the court deals with D in respect of a specified offence.

(3)This subsection applies to D where the court deals with D in respect of a finding—

(a)that D is not guilty of a specified offence by reason of insanity, or

(b)that D is unfit to plead and has done the act charged against D in respect of such an offence.

(4)Subsections (2) and (3) apply whether the specified offence was committed (or alleged to have been committed) before or after commencement.

57Violent offences prevention order made on application of Chief Constable#

(1)A court of summary jurisdiction may make a violent offences prevention order in respect of D where subsection (2) applies to D and the court is satisfied that D's behaviour since the appropriate date makes it necessary to make such an order for the purpose of protecting the public from the risk of serious violent harm caused by D.

(2)This subsection applies to D where—

(a)an application under subsection (3) has been made to the court in respect of D, and

(b)on the application, it is proved that D is a qualifying offender.

(3)The Chief Constable may by complaint apply for a violent offences prevention order to be made in respect of a person who resides in Northern Ireland or who the Chief Constable believes is in, or is intending to come to, Northern Ireland if it appears to the Chief Constable that—

(a)the person is a qualifying offender, and

(b)the person has, since the appropriate date, acted in such a way as to give reasonable cause to believe that it is necessary for a violent offences prevention order to be made in respect of the person.

(4)In this section “the appropriate date” means the date (or, as the case may be, the first date) on which the person became a person within any of paragraphs (a) to (c) of section 58(2) or (3).

(5)On an application under subsection (3) in respect of D the court must—

(a)afford D an opportunity of making representations; and

(b)in deciding whether it is necessary to make a violent offences prevention order for the purpose of protecting the public from the risk of serious violent harm caused by D, have regard to whether D would, at any time when such an order would be in force, be subject under any other statutory provision to any measures that would operate to protect the public from the risk of such harm.

(6)Article 78(1) of the Magistrates’ Courts (Northern Ireland) Order 1981 does not apply to a complaint under this section.

58Qualifying offenders#

(1)In this Part “qualifying offender” means a person who is within subsection (2) or (3).

(2)A person is within this subsection if (whether before or after commencement)—

(a)the person has been convicted of a specified offence;

(b)the person has been found not guilty of a specified offence by reason of insanity, or

(c)the person has been found to be unfit to be tried and to have done the act charged in respect of a specified offence.

(3)A person is within this subsection if, under the law in force in a country outside Northern Ireland (and whether before or after commencement)—

(a)the person has been convicted of a relevant offence,

(b)a court exercising jurisdiction under that law has made in respect of a relevant offence a finding equivalent to a finding that the person was not guilty by reason of insanity, or

(c)such a court has, in respect of a relevant offence, made a finding equivalent to a finding that the person was unfit to be tried and did the act charged in respect of the offence.

(4)In subsection (3) “relevant offence” means an act which—

(a)constituted an offence under the law in force in the country concerned, and

(b)would have constituted a specified offence if it had been done in Northern Ireland.

(5)An act punishable under the law in force in a country outside Northern Ireland constitutes an offence under that law for the purposes of subsection (4) however it is described in that law.

(6)Subject to subsection (7), on an application under section 57, the condition in subsection (4)(b) (where relevant) is to be taken as met in relation to the person to whom the application relates unless, not later than magistrates' court rules may provide, that person serves on the Chief Constable a notice—

(a)denying that, on the facts as alleged with respect to the act in question, the condition is met,

(b)giving the reasons for denying that it is met, and

(c)requiring the Chief Constable to prove that it is met.

(7)If the court thinks fit, it may permit that person to require the Chief Constable to prove that the condition is met even though no notice has been served under subsection (6).

59Provisions that violent offences prevention orders may contain#

(1)A violent offences prevention order may contain provisions prohibiting D from doing anything described in the order or requiring D to do anything described in the order (or both).

(2)The only prohibitions or requirements that may be included in the order are those necessary for the purpose of protecting the public from the risk of serious violent harm caused by D.

60Variation, renewal or discharge of violent offences prevention orders#

(1)D or the Chief Constable may apply to the appropriate court—

(a)for an order varying or discharging a violent offences prevention order;

(b)for an order renewing a violent offences prevention order for such period of not more than 5 years as is specified in the renewal order.

(2)Subject to subsections (3) to (5), on an application under this section the court may, after hearing—

(a)the applicant, and

(b)the other person mentioned in subsection (1), if that person wishes to be heard,

make such order varying, renewing or discharging the violent offences prevention order as the court considers appropriate.

(3)A violent offences prevention order may only be—

(a)renewed, or

(b)varied so as to impose additional prohibitions or requirements on D,

if the court considers that it is necessary to do so for the purpose of protecting the public from the risk of serious violent harm caused by D (and any renewed or varied order may contain only such prohibitions or requirements as the court considers necessary for this purpose).

(4)References in subsection (3) to prohibitions or requirements are to prohibitions or requirements authorised by section 59.

(5)The court may not discharge a violent offences prevention order before the end of the period of 2 years beginning with the date on which it comes into force unless consent to its discharge is given by D and the Chief Constable.

(6)In this section “the appropriate court” means—

(a)where the violent offences prevention order was made under section 56 by (or on appeal from) the Crown Court, that court; and

(b)in any other case, a court of summary jurisdiction.

(7)An application under this section may be made—

(a)where the appropriate court is the Crown Court, in accordance with Crown Court rules;

(b)in any other case by complaint under Part 7 of the Magistrates' Court (Northern Ireland) Order 1981 and in accordance with magistrates' court rules.

61Interim violent offences prevention orders#

(1)This section applies where an application under section 57 (“the main application”) in respect of D has not yet been determined.

(2)An application for an order under this section (“an interim violent offences prevention order”) may be made—

(a)by the complaint by which the main application is made, or

(b)if the main application has already been made to a court, by means of a further complaint made to that court by the Chief Constable.

(3)If it appears to the court—

(a)that D is a qualifying offender,

(b)that, if the court were determining that application, it would be likely to make a violent offences prevention order in respect of D, and

(c)that it is desirable to act before that application is determined, with a view to securing the immediate protection of the public from the risk of serious violent harm caused by D,

the court may make an interim violent offences prevention order in respect of that person that contains such prohibitions or requirements as it considers necessary for the purpose of protecting the public from the risk of such harm.

(4)The reference in subsection (3) to prohibitions or requirements is to prohibitions or requirements authorised by section 59 in the case of a violent offences prevention order.

(5)An interim violent offences prevention order—

(a)has effect only for such period as is specified in the order, and

(b)ceases to have effect (if it has not already done so) at the appropriate time.

(6)“The appropriate time” means—

(a)if the court grants the main application, the time when a violent offences prevention order made in pursuance of it comes into force;

(b)if the court decides not to grant the main application or it is withdrawn, the time when the court so decides or the application is withdrawn.

(7)Section 60 applies in relation to the variation or discharge of an interim violent offences prevention order as it applies in relation to the variation or discharge of a violent offences prevention order, but with the omission of subsection (5).

62Notice of applications#

(1)This section applies to—

(a)any application under section 57 for a violent offences prevention order in respect of D,

(b)any application under section 61 for an interim violent offences prevention order in respect of D, and

(c)any application under section 60 for the variation, discharge or renewal of a violent offences prevention order made in respect of D, or for the variation or discharge of an interim violent offences prevention order so made.

(2)A court may not begin hearing such an application unless it is satisfied that D has been given notice of—

(a)the application, and

(b)the time and place of the hearing,

a reasonable time before the hearing.

63Appeals#

(1)D may appeal against the making of a violent offences prevention order under section 56—

(a)where subsection (2) of that section applied to D, as if the order were a sentence passed on D for the offence;

(b)where subsection (3) (but not subsection (2)) of that section applied to D, as if D had been convicted of the offence and the order were a sentence passed on D for that offence.

(2)D may appeal to the county court against—

(a)the making of a violent offences prevention order under section 57;

(b)the making of an interim violent offences prevention order.

(3)D may appeal against the making of an order under section 60 or the refusal to make such an order—

(a)where the application for such an order was made to the Crown Court, to the Court of Appeal;

(b)in any other case to the county court.

(4)On an appeal under subsection (2) or (3)(b), the county court—

(a)may make such orders as may be necessary to give effect to its determination of the appeal; and

(b)may also make such incidental or consequential orders as appear to it to be just.

Part 9 · Miscellaneous

Amendment to Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015

101Amendment to Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015#

(1)Section 21 of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (independent guardian) is amended as follows.

(2)In subsection (4) for paragraph (a) (which requires arrangements to be made with a charity registered under the Charities Act (Northern Ireland) 2008) substitute—“a be made with a charity;”

(3)In subsection (11) (definitions) after the definition of “administrative decision” insert—““charity” means an institution which is—a a charity within the meaning of section 1 of the Charities Act (Northern Ireland) 2008 or treated as such a charity by virtue of the Charities Act 2008 (Transitional Provision) Order (Northern Ireland) 2013;b a charity within the meaning of section 1 of the Charities Act 2011; orc a charity within the definition set out in section 106 of the Charities and Trustee Investment (Scotland) Act 2005;”

Avoiding delay in criminal proceedings

92Case management regulations#

(1)The Department may make regulations in relation to the management and conduct of criminal proceedings in the Crown Court or a magistrates' court.

(2)The regulations may impose duties on—

(a)the court;

(b)the prosecution; and

(c)the defence.

(3)The regulations may confer functions on the court in relation to the active case management of criminal cases.

(4)Active case management includes in particular—

(a)the early identification of the real issues;

(b)the early identification of the needs of witnesses;

(c)achieving certainty as to what must be done, by whom, and when, in particular by the early setting of a timetable for the progress of the case;

(d)monitoring the progress of the case and compliance with directions;

(e)ensuring that evidence, whether disputed or not, is presented in the shortest and clearest way;

(f)discouraging delay, dealing with as many aspects of the case as possible on the same occasion, and avoiding unnecessary hearings;

(g)encouraging the participants to co-operate in the progression of the case;

(h)making use of technology; and

(i)giving any direction appropriate to the needs of that case as early as possible.

(5)The regulations must in particular take account of the need to identify and respect the needs of—

(a)victims,

(b)witnesses, particularly those to whom Article 4(2) of the Criminal Evidence (Northern Ireland) Order 1999 may apply; and

(c)persons under the age of 18.

(6)Before making any regulations under this section the Department must consult—

(a)the Lord Chief Justice;

(b)the Director of Public Prosecutions;

(c)the General Council of the Bar of Northern Ireland; and

(d)the Law Society of Northern Ireland.

Causing or allowing child or vulnerable adult to suffer serious physical harm

96Causing or allowing child or vulnerable adult to suffer serious physical harm#

(1)Section 5 of the Domestic Violence, Crime and Victims Act 2004 (offence of causing or allowing the death of a child or vulnerable adult) is amended as follows.

(2)In subsection (1)—

(a)in paragraph (a) after “dies” insert “ or suffers serious physical harm ”;

(b)in paragraph (d) for “V's death” substitute “ the death or serious physical harm ”.

(3)In subsection (3)(a) for “V's death” substitute “ the death or serious physical harm ”.

(4)In subsection (4)(b) for “V's death” substitute “ the death or serious physical harm ”.

(5)In subsection (7) after “this section” insert “ of causing or allowing a person's death ”.

(6)After that subsection insert—“8 A person guilty of an offence under this section of causing or allowing a person to suffer serious physical harm is liable on conviction on indictment to imprisonment for a term not exceeding 10 years or to a fine, or to both.”

(7)For the cross-heading before section 5 substitute “ Causing or allowing a child or vulnerable adult to die or suffer serious physical harm ”.

(8)Schedule 6 (which contains amendments consequential on this section) has effect.

Court security officers

95Powers of court security officers#

At the end of Schedule 3 to the Justice (Northern Ireland) Act 2004 (court security officers) add—“8 Any power of a court security officer exercisable in, or in relation to, the relevant building, is also exercisable in, or in relation to, any place within the boundary of the land on which the building stands; and references in this Schedule to a relevant building are to be construed accordingly”

Defence access to premises

94Defence access to premises#

(1)Where a person charged with an offence appears or is brought before a court in connection with that offence, the court may, on the application of that person, make an order under this section for access by or on behalf of that person to any premises specified in the order.

(2)Where a person convicted of an offence appeals against that conviction, the court to which the appeal lies may, on the application of that person, make an order under this section for access by or on behalf of that person to any premises specified in the order.

(3)In this section—

(a)in relation to an order made under subsection (1), “D” and “the court” mean, respectively, the person and the court referred to in that subsection;

(b)in relation to an order made under subsection (2), “D” and “the court” mean, respectively, the person and the court referred to in that subsection;

(c)“premises” means any place and, in particular, includes a vehicle, vessel or moveable object;

(d)“specified”, in relation to an order under this section, means specified in the order.

(4)The court shall not make an order under this section in relation to any premises unless it is satisfied that—

(a)access to the premises is required to ensure compliance with Article 6 of the European Convention on Human Rights; and

(b)the order is an appropriate means of securing such access.

(5)An order under this section for access to any premises authorises the specified persons—

(a)to enter those premises;

(b)to inspect those premises and anything on those premises;

(c)to carry out any other specified activity on those premises or in relation to anything on those premises.

(6)An order under this section does not of itself authorise the release of D from custody.

(7)An order under this section may include conditions in connection with the access granted by the order to any premises including conditions—

(a)requiring the specified persons to be accompanied by a police officer at all times while on the premises;

(b)as to the date and time of day when access to the premises is to take place;

(c)as to the conduct of any activity specified under subsection (5)(c);

(d)as to such other matters as the court thinks fit.

(8)An order under this section authorises entry to the specified premises on one occasion only; but nothing in this section prevents a court from making more than one order in relation to any premises.

(9)An application to a court for an order under this section in relation to any premises is to be made in accordance with the rules governing the practice and procedure of that court; and such rules may in particular provide for—

(a)notice of the making of the application to be served on the occupier of the premises and any other persons appearing to the court to have an interest in the matter; and

(b)for such persons to have an opportunity to make representations to the court as to the conditions to be imposed in relation to any order made under this section.

Domestic violence protection notices and orders

97Domestic violence protection notices and orders#

Schedule 7 (which makes provision about domestic violence protection notices and orders) has effect.

Early guilty pleas

88Sentencing court to indicate sentence which would have been imposed if guilty plea entered at earliest reasonable opportunity#

(1)Subsection (2) applies where in any criminal proceedings a person (“D”) is convicted of an offence and—

(a)D did not at any stage of the proceedings plead guilty to the offence; or

(b)D's plea of guilty to the offence (or D's indication of intention to plead guilty) was not, in the opinion of the court, entered (or given) at the earliest reasonable opportunity.

(2)The court in sentencing D for the offence must indicate the sentence which the court would have imposed for the offence if D had pleaded guilty to the offence (or indicated D's intention to do so) at the earliest reasonable opportunity in the proceedings.

(3)For the purposes of this section—

(a)a plea of guilty which is changed to a plea of not guilty is to be disregarded;

(b)an indication of intention to plead guilty is to be disregarded if a plea of not guilty is actually entered.

Jury service

77Removal of maximum age for jury service#

In Article 3(1) of the Juries (Northern Ireland) Order 1996 (persons qualified and liable for jury service) for “aged between 18 and 70 years” substitute “ aged over 18 years ”.

78Preparation of jury lists#

In Article 4(2) of the Juries (Northern Ireland) Order 1996 (selection from register of electors) omit sub-paragraph (b)(i).

79Persons disqualified for jury service#

In Schedule 1 to the Juries (Northern Ireland) Order 1996 (persons disqualified for jury service) after paragraph 1 insert—“1A Any person who has at any time been convicted of an offence and had imposed on him an indeterminate custodial sentence under Article 13 of the Criminal Justice (Northern Ireland) Order 2008”

80Persons ineligible for jury service#

(1)Schedule 2 to the Juries (Northern Ireland) Order 1996 (persons ineligible for jury service) is amended as follows.

(2)After the entry relating to the Policing Board insert— “ Members of the National Crime Agency and National Crime Agency officers. ”.

(3)Omit the following entries— “ A person appointed for the purposes of Article 7(6) of the Treatment of Offenders (Northern Ireland) Order 1976. ” “ Members of the Royal Irish Regiment. ”.

81Persons excusable as of right from jury service#

(1)Schedule 3 to the Juries (Northern Ireland) Order 1996 (persons excusable from jury service as of right) is amended as follows.

(2)For the entry relating to Representatives to the European Parliament substitute— “ Members of the European Parliament ”.

(3)For the entry relating to the Secretary and any Director of the Northern Ireland Audit Office substitute— “ The Deputy Comptroller and Auditor General for Northern Ireland and any Assistant Auditor General for Northern Ireland ”.

(4)For the entry relating to persons aged between 65 and 70 years and the heading immediately before it substitute—“• Persons aged over 70 years”

Public Prosecutor's summons

93Public Prosecutor's summons#

(1)Where a complaint has been made by a Public Prosecutor to a lay magistrate ^note... that a person has, or is suspected of having, committed a summary offence ^note..., the Public Prosecutor may issue a summons directed to that person requiring that person to appear before a magistrates' court to answer to the complaint.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Where a Public Prosecutor has made a complaint to a lay magistrate ^note... that a person has, or is suspected of having, committed an indictable offence ^note... the Public Prosecutor may issue a summons requiring that person to appear before a magistrates' court.

(4)Where a Public Prosecutor is satisfied that a summons issued under subsection (1) has not been served, the Public Prosecutor may, without a complaint being made to a lay magistrate, re-issue the summons extending the time for the appearance of the person summoned.

(5)Any existing statutory provision which applies to a complaint made or summons issued under paragraph (1), (2), (3) or (4A) of Article 20 of the Magistrates' Courts (Northern Ireland) Order 1981 shall apply (with appropriate modifications) to a complaint made or summons issued by a Public Prosecutor under the corresponding subsection of this section.

(6)In this section “Public Prosecutor” has the meaning given in section 29(5) of the Justice (Northern Ireland) Act 2002.

Salary of Lands Tribunal members

100Salary of Lands Tribunal members#

(1)Section 2 of the Lands Tribunal and Compensation Act (Northern Ireland) 1964 is amended as follows.

(2)For subsections (5) and (5A) substitute—“5 There shall be paid to the members of the Lands Tribunal appointed under section 1(2) such remuneration as the Department of Justice may determine.”

Sexual offences against children

89Meeting a child following sexual grooming etc.#

In Article 22(1)(a) of the Sexual Offences (Northern Ireland) Order 2008 (meeting a child following sexual grooming etc.) for “on at least two occasions” substitute “ on one or more occasions ”.

90Sexual communication with a child#

(1)In the Sexual Offences (Northern Ireland) Order 2008 after Article 22 insert—“22A 1 A person aged 18 or over (A) commits an offence if—a for the purpose of obtaining sexual gratification, A intentionally communicates with another person (B),b the communication is sexual or is intended to encourage B to make (whether to A or to another) a communication that is sexual, andc B is under 16 and A does not reasonably believe that B is 16 or over.2 For the purposes of this Article, a communication is sexual if—a any part of it relates to sexual activity, orb a reasonable person would, in all the circumstances but regardless of any person's purpose, consider any part of the communication to be sexual;and in sub-paragraph (a) “sexual activity” means an activity that a reasonable person would, in all the circumstances but regardless of any person's purpose, consider to be sexual.3 A person guilty of an offence under this Article is liable—a on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;b on conviction on indictment, to imprisonment for a term not exceeding 2 years.”

(2)In Article 4 of that Order (meaning of “sexual”) after “except” insert “ Article 22A (sexual communication with a child) or ”.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)In the Criminal Justice (Northern Ireland) Order 2008 in Part 2 of Schedule 2 (specified sexual offences) in paragraph 14A after the entry relating to Article 22 of the Sexual Offences (Northern Ireland) Order 2008 insert— “ Article 22A (sexual communication with a child), ”.

Youth justice

98Aims of youth justice system#

In section 53 of the Justice (Northern Ireland) Act 2002 (Aims of youth justice system) for subsection (3) substitute—“3 But all such persons and bodies must also—a have the best interests of children as a primary consideration; andb have regard to the welfare of children affected by the exercise of their functions (and to the general principle that any delay in dealing with children is likely to prejudice their welfare), with a view (in particular) to furthering their personal, social and educational development.”

99Amendment to section 10 of the Criminal Justice Act (Northern Ireland) 2013#

(1)Section 10 of the Criminal Justice Act (Northern Ireland) 2013 (release on licence of child convicted of serious offence) is amended as follows.

(2)Omit subsection (5).

(3)For subsection (6) substitute—“6 Subsection (7) applies where—a on commencement a person is detained in pursuance of a sentence under Article 45(2) of the 1998 Order, andb that person is a person whose licence has been revoked under Article 46(2) of the 1998 Order.”

Part 10 · Supplementary provisions

102Regulations, orders and directions#

(1)Except as provided by subsection (2), regulations made by the Department under this Act are subject to negative resolution.

(2)Regulations under sections 65 to 69 shall not be made unless a draft of the regulations has been laid before, and approved by resolution of, the Assembly.

(3)Except as provided by subsections (4) to (6), orders made by the Department under this Act are subject to negative resolution.

(4)Subsection (3) does not apply to an order under section 106(2).

(5)An order under section 31(3) is subject to negative resolution only if it is made without a draft of the order having been laid before and approved by a resolution of the Assembly.

(6)No order to which this subsection applies may be made unless a draft of the order has been laid before, and approved by resolution of, the Assembly.

(7)Subsection (6) applies to—

(a)an order under section 4(7), 11(4), 50(11), 51(12) or paragraph 10 of Schedule 7;

(b)an order under section 6(2) containing provision which amends or repeals a provision of an Act of Parliament or Northern Ireland legislation.

(8)Regulations and orders made by the Department under this Act may contain such incidental, supplementary, transitional and saving provisions as appear to the Department to be necessary or expedient.

(9)A power to give directions under this Act includes power—

(a)to amend or revoke the directions;

(b)to include in the directions such incidental, supplementary, transitional and saving provisions as appear to the person giving the directions to be necessary or expedient.

103Interpretation#

(1)In this Act—• “the Department” means the Department of Justice;• “Northern Ireland” has the meaning given by the Northern Ireland Act 1998;• “statutory provision” has the meaning given by section 1(f) of the Interpretation Act (Northern Ireland) 1954; and “existing statutory provision”, in any provision of this Act, means a statutory provision passed or made before the coming into operation of that provision.

(2)In any provision of this Act “commencement” means the date on which that provision comes into operation.

104Transitional provisions, etc.#

Schedule8 (which contains transitional provisions and savings) has effect.

105Repeals#

The statutory provisions set out in Schedule9 are repealed to the extent specified in the second column of that Schedule.

106Commencement#

(1)The following provisions of this Act come into operation on the day after this Act receives Royal Assent—

(a)section 36 and Schedule 3;

(b)sections 89 and 90;

(c)sections 98 to 103;

(d)section 104 and Schedule 8;

(e)this section;

(f)paragraph 10 of Schedule 7 and section 97 so far as relating to that paragraph;

(g)in Schedule 9, Part 6 (and section 105 so far as relating to that Part).

(2)The other provisions of this Act come into operation on such day or days as the Department may by order appoint.

(3)Without prejudice to section 102(8), an order under subsection (2) may contain such transitional or transitory modifications of this Act as appear to the Department to be necessary or expedient in connection with any provision brought into operation by the order.

Schedule 1 · Amendments: single jurisdiction

The Gaming Act (Ireland) 1739 (c. 8)

(1)In section 16 (bringing of actions) omit the words from “and shall be laid” to the end.

The Forcible Entry Act (Ireland) 1786 (c. 24)

(2)In section 65 (indictments) for “some one or more of the justices of the peace of the county, county of the city or town where such indictment shall be made” substitute “a district judge (magistrates' courts)”.

The Parliamentary Representation Act (Ireland) 1800 (c. 29)

(3)In section 7 (writs) for “crown office in Ireland” and “crown office of Ireland” substitute “ chief clerk ”.

The Tolls (Ireland) Act 1817 (c. 108)

(4)In section 7 (schedule of tolls) for “chief clerk for the county court division where such custom, toll, or duty may be claimed,” substitute “ chief clerk ”.

The Tithe Rentcharge (Ireland) Act 1838 (c. 109)

(5)In section 27 (recovery of rent-charge) omit “wherein the lands charged therewith may be situate”.

The Defence Act 1842 (c. 94)

(6)In section 24 (compensation)—

(a)for “two justices of the peace of the county, riding, stewartry, city or place” substitute “ a court of summary jurisdiction ”;

(b)for “such justices” substitute “ that court ”.

The Fisheries (Ireland) Act 1842 (c. 106)

(7)

(1)In section 92 (byelaws) for the words from “deposited with” to “in each such petty sessions district” substitute “ deposited with the clerk of petty sessions who shall publish notice of the lodgement; ”.

(2)In section 103 omit “in the district where the same shall be seized”.

The Companies Clauses Consolidation Act 1845 (c. 16)

(8)

(1)In section 3 (interpretation) omit “acting for the place where the matter requiring the cognizance of any such justice shall arise and”.

(2)In section 161 (deposit of copies of special Act) for the words from “deposit in the office” to “into which the works shall extend” substitute “ deposit in the office of the chief clerk ”.

The Lands Clauses Consolidation Act 1845 (c. 18)

(9)In section 150 (deposit of copies of special Act) for the words from “deposit in the office” to “into which the works shall extend” substitute “ deposit in the office of the chief clerk ”.

The Railways Clauses Consolidation Act 1845 (c. 20)

(10)

(1)In section 7 (correction of plans) for the words from “deposited with” to “shall be situate” substitute “ deposited with the chief clerk ”.

(2)In section 8 (deposit of plans) for the words from “deposited with” to “intended to pass” substitute “ deposited with the chief clerk ”.

(3)In section 11 (limitation of deviation)—

(a)for the words from “two or more justices” to “may be situated” substitute “ a court of summary jurisdiction ”;

(b)omit the words from “Provided also, that” to the end.

(4)In section 59 (consent to level crossing)—

(a)for the words from “any two or more justices” to “is situate, and assembled in petty sessions” substitute “ a court of summary jurisdiction ”;

(b)for “such justices” substitute “ that court ”.

The Ejectment and Distress (Ireland) Act 1846 (c. 111)

(11)In section 16 for the words from “apply to any one” to “fixed in such summons” substitute “apply to a district judge (magistrates' courts) for the redress of his grievance, whereupon the district judge shall summon the person complained of to appear before a court of summary jurisdiction at a reasonable time to be fixed in the summons.”.

The Markets and Fairs Clauses Act 1847 (c. 14)

(12)

(1)In section 7 (correction of errors) for “the chief clerk for the county court division in which the lands affected thereby shall be situated” substitute “ the chief clerk ”.

(2)In section 50 (annual account) for “the chief clerk for the county court division in which the market or fair is situate” substitute “ the chief clerk ”.

(3)In section 58 (deposit of special Act) for the words from “deposit in” to “is situate” substitute “ deposit in the office of the chief clerk ”.

The Commissioners Clauses Act 1847 (c. 16)

(13)

(1)In section 95 for “the chief clerk for the county court division where the undertaking is situate” substitute “ the chief clerk ”.

(2)In section 110 (copies of special Act) for the words from “deposit in” to “is situate” substitute “ deposit in the office of the chief clerk ”.

The Harbours, Docks and Piers Clauses Act 1847 (c. 27)

(14)

(1)In section 7 (correction of plans) for the words from “be deposited in” to “are situate” substitute “ be deposited with the chief clerk ”.

(2)In section 8 (alterations to plans) for the words from “deposited with the said” to “is situate” substitute “ deposited with the chief clerk ”.

(3)In section 50 (annual account) for the words from “charge, to the” to “is situate” substitute “ charge, to the chief clerk ”.

(4)In section 97 (copies of special Act) for the words from “deposit in” to “is situate” substitute “ deposit in the office of the chief clerk ”.

The Towns Improvement Clauses Act 1847 (c. 34)

(15)

(1)In section 3 (interpretation)—

(a)in the definition of “justice” for the words from “shall mean” to “arises” substitute “ shall mean a lay magistrate ”;

(b)in the definition of “quarter sessions” for the words from “shall mean” to the end substitute “ shall mean the county court ”.

(2)In section 20 (correction of errors) for “the chief clerk for the county court division in which the lands affected thereby shall be situated” substitute “ the chief clerk ”.

(3)In section 214 (copies of special Act) for the words from “deposit in” to “is situated” substitute “ deposit in the office of the chief clerk ”.

The Cemeteries Clauses Act 1847 (c. 65)

(16)

(1)In section 7 (correction of errors) for the words from “deposited with” to “shall be situated” substitute “ deposited with the chief clerk ”.

(2)In section 60 (annual accounts) for the words from “charge, to the” to “is situated” substitute “ charge, to the chief clerk ”.

(3)In section 66 (copies of special Act) for the words from “deposit in” to “is situated” substitute “ deposit in the office of the chief clerk ”.

The Vagrancy (Ireland) Act 1847 (c. 84)

(17)In section 8 (interpretation) for the words from “any justice” to “town corporate” substitute “any lay magistrate or district judge (magistrates' courts)”.

The Town Police Clauses Act 1847 (c. 89)

(18)In section 77 (copies of special Act) for the words from “deposit in” to “is situated” substitute “ deposit in the office of the chief clerk ”.

The Railway Act (Ireland) 1851 (c. 70)

(19)

(1)In section 4 (deposit of maps) for the words from “or so much thereof as relates” to the end substitute “ with the chief clerk ”.

(2)In section 8 (notice of appointment of arbitrator) for the words “with the chief clerks for the county court division” substitute “ with the chief clerk ”.

(3)In section 11 (retention of documents) for the words from the beginning to “hereby” substitute “ The chief clerk is hereby ”.

The Fines Act (Ireland) 1851 (c. 90)

(20)

(1)In section 6 (enforcement) for “two justices of the county” substitute “district judge (magistrates' courts)”.

(2)In section 8 (penalties) for “two justices of the county” substitute “district judge (magistrates' courts)”.

The Summary Jurisdiction (Ireland) Act 1851 (c. 92)

(21)In section 1 (jurisdiction of justices) omit—

(a)“within his or their respective jurisdictions”; and

(b)“(when the case shall be heard in any petty sessions district)”.

The Petty Sessions (Ireland) Act 1851 (c. 93)

(22)

(1)In section 26(3) (execution of warrants) for the words from “at any place” to “adjoining county” substitute “ at any place ”.

(2)In section 28 (backing of warrants) for the words from “are not to be found” to “in any of the places” substitute “ are in any of the places ”.

(3)In section 31 (execution of warrant) for the words from “or peace officers” to the end substitute “to execute the warrant by arrest, committal, or levy, as the case may be, and in the case of a warrant to arrest any person and convey him when arrested before any district judge (magistrates' courts) to be dealt with according to law.”.

The Boundary Survey (Ireland) Act 1854 (c. 17)

(23)In section 12 (alteration of boundary) for the words from “transmitted to” to “way relate” substitute “ transmitted to the chief clerk ”.

The Towns Improvement (Ireland) Act 1854 (c. 103)

(24)In section 1 (interpretation) omit the definition of “assistant barrister”.

The Boundary Survey (Ireland) Act 1859 (c. 8)

(25)In section 4 (publication of order) for the words from “transmitted to” to “way relate” substitute “ transmitted to the chief clerk ”.

The Ecclesiastical Courts Jurisdiction Act 1860 (c. 32)

(26)In section 3 (offenders) for the words from “taken before” to the end substitute “taken before a district judge (magistrates' courts) to be dealt with according to law.”.

The Tramways (Ireland) Act 1860 (c. 152)

(27)In section 33 (entry to land)—

(a)for the words from “under the hand” to “not having” substitute “under the hand of a district judge (magistrates' courts) who does not have”;

(b)for the words from “fixed by” to “same district” substitute “fixed by a district judge (magistrates' courts)”.

The Landlord and Tenant Law Amendment Act (Ireland) 1860 (c. 154)

(28)

(1)In section 35 (restraint of waste)—

(a)for the words from “satisfy” to “of the county” substitute “satisfy a district judge (magistrates' courts)”;

(b)for the words from “at the next” to “premises are situate” substitute “ at the next petty sessions ”.

(2)In sections 63 and 69 (deposit of sums due) for “chief clerk for the county court division” substitute “ chief clerk ”.

(3)In section 79 (view of lands) for the words from “lawful for” to “shall be situate and” substitute “lawful for a district judge (magistrates' courts)”.

(4)In Schedule (A) (forms) omit “for the county of M,” (wherever occurring).

The Railways Act (Ireland) 1864 (c. 71)

(29)In section 14 (value of crops) for the words from “determined by” to the end substitute “determined by a district judge (magistrates' courts)”.

The Dockyard Ports Regulation Act 1865 (c. 125)

(30)Omit section 22 (jurisdiction of justices over vessels).

The Promissory Oaths Act 1871 (c. 48)

(31)In section 2 (persons who may take oaths) for the words from “or at the” to the end substitute “ or at the county court ”.

The Matrimonial Causes and Marriage Law (Ireland) Amendment Act 1871 (c. 49)

(32)In section 23 (register books) for the words from “information thereof to” to “solemnized” substitute “information thereof to a district judge (magistrates' courts)”.

The Public Health (Ireland) Act 1878 (c. 52)

(33)

(1)In section 2 (interpretation) omit the definition of “court of quarter sessions”.

(2)In section 269 (appeals) for subsection (1) substitute—“1 The appeal shall be made to the county court.”

The Settled Land Act 1882 (c. 38)

(34)In section 46(10) (payment into court) for the words from “be exercised by” to the end substitute “ be exercised by the county court ”.

The Married Women's Property Act 1882 (c. 75)

(35)In section 17 (summary decision of questions) for the words from “in a summary way” to “and the court” substitute “ in a summary way to the High Court or a county court and the court ”

The Explosive Substances Act 1883 (c. 3)

(36)In section 6(1) (inquiry into crimes) omit—

(a)“for the county, borough, or place in which the crime was committed or is suspected to have been committed”;

(b)“in the said county, borough, or place”.

The Bills of Sale (Ireland) Act (1879) Amendment Act 1883 (c. 7)

(37)In section 11 (registration) for the words from “transmit” to the end of the first paragraph substitute “ transmit an abstract in the prescribed form of the contents of such bill of sale to the chief clerk. ”.

The Local Government (Ireland) Act 1898 (c. 37)

(38)In section 69 (boundaries)—

(a)in subsection (3) omit the words from “provided that” to the end;

(b)omit subsections (4) and (5).

The Open Spaces Act 1906 (c. 25)

(39)In section 4(2) (transfer of open space) omit the words from “of the district” to the end.

The Summary Jurisdiction (Ireland) Act 1908 (c. 24)

(40)In sections 1(2) and 2(2) (habitual drunkards) for the words from “anyone holding” to the end substitute “ any justice of the peace ”.

The Maintenance Orders (Facilities for Enforcement) Act 1920 (c. 33)

(41)In section 11(b) omit the words “and as if after the words “petty sessions” there were inserted “ for the petty sessions district for which the court which made the order acts ”.”.

The Government Annuities Act 1929 (c. 29)

(42)In section 48(1) (power to recover in county court) omit the words from “of the district in which the contract” to the end.

The Summary Jurisdiction and Criminal Justice Act (Northern Ireland) 1935 (c. 13)

(43)Omit section 42 (abolition of town courts).

The Water Supplies and Sewerage Act (Northern Ireland) 1945 (c. 17)

(44)In section 16(1) (interpretation) omit the definition of “County Court”.

The Agriculture Act (Northern Ireland) 1949 (c. 2)

(45)In section 17 (appeals) omit—

(a)in subsection (1) the words “having jurisdiction for the area in which the land to which the notice relates is situate”;

(b)subsection (3).

The Maintenance Orders Act 1950 (c. 37)

(46)

(1)In section 17(1)(b) (registration of maintenance orders) omit “acting for the same petty sessions district as the court which made the order”.

(2)In section 22(1J)(a) (discharge and variation of maintenance orders) omit the words from “and as if” to the end.

The Foyle Fisheries Act (Northern Ireland) 1952 (c. 5)

(47)

(1)In section 6 (deposit of certain documents) for paragraphs (a) and (b) substitute—“a with the chief clerk and clerk of petty sessions; and”

(2)In section 55(11) omit the words from “sitting for the petty sessions district” to the end.

(3)In section 64 (disposal of things seized) omit “sitting for the petty sessions district in which it was seized”.

The Interpretation Act (Northern Ireland) 1954 (c. 33)

(48)

(1)Section 42 (definitions for judicial purposes) is amended as follows.

(2)In subsection (1) in the definition of “county court” omit “for a division”.

(3)Omit subsection (2).

The Summary Jurisdiction and Criminal Justice Act (Northern Ireland) 1958 (c. 9)

(49)In section 16(2) for the words from “clerk of the petty sessions district” to the end substitute “ clerk of petty sessions ”.

The Coroners Act (Northern Ireland) 1959 (c. 15)

(50)

(1)In section 18 (jury to be summoned in certain cases) for subsection (3) substitute—“3 In subsection (1) the reference to the Juries Officer is a reference to the Juries Officer for the division which includes the place specified by the coroner under that subsection; and “Juries Officer” and “division” have the same meanings as in the Juries (Northern Ireland) Order 1996.”

(2)In section 31(2) (verdicts)—

(a)omit “county court”;

(b)at the end add “; and in this subsection “Juries Officer” and “division” have the same meanings as in the Juries (Northern Ireland) Order 1996.”.

The County Courts Act (Northern Ireland) 1959 (c. 25)

(51)In section 102 (appointment and assignment of judges)—

(a)in subsection (3) for “for any division” substitute “ in any county court ”;

(b)in subsection (4) for “shall assign one or more judges to each division” substitute “ may assign a judge to one or more division ”;

(c)in subsection (6) at the end add “ and “division” means an administrative court division specified under section 2 of the Justice Act (Northern Ireland) 2015 for all or the residual purposes of a county court. ”.

The Northern Ireland Act 1962 (c. 3)

(52)In section 29(1) (interpretation) omit the definition of “county court”.

The Agricultural Produce (Meat Regulation and Pig Industry) Act (Northern Ireland) 1962 (c. 13)

(53)In section 13(4)(b) (licences, etc.) omit the words from “for the division in which are situated” to the end.

The Electoral Law Act (Northern Ireland) 1962 (c. 14)

(54)In section 110(2) (recovery of sums) omit the words from “acting for” to “was arrested”.

The Caravans Act (Northern Ireland) 1963 (c. 17)

(55)

(1)In section 7(1) (appeal against conditions of site licence) for “the court of summary jurisdiction acting for the petty sessions district in which the land is situated” substitute “ a court of summary jurisdiction ”.

(2)In section 8(2) (appeal against alteration of site licence) for “the court of summary jurisdiction acting for the petty sessions district in which the land to which the site licence relates is situated” substitute “ a court of summary jurisdiction ”.

The Agricultural Marketing Act (Northern Ireland) 1964 (c. 13)

(56)In section 13(5) (appeals) omit the words from “for any division” to the end.

The Magistrates' Courts Act (Northern Ireland) 1964 (c. 21)

(57)

(1)Omit section 3 (justices of the peace).

(2)In section 9 (appointment and assignment of district judges (magistrates' courts))—

(a)in subsection (4) for “in any petty sessions district” substitute “in any magistrates' court”;

(b)in subsection (5) for “petty sessions districts” substitute “ divisions ”;

(c)at the end add—“6 In subsection (5) “division” means an administrative court division specified under section2 of the Justice Act (Northern Ireland) 2015 for all or the residual purposes of a magistrates' court.”

The Fisheries Act (Northern Ireland) 1966 (c. 17)

(58)

(1)In section 170 (appointment of private water bailiffs)—

(a)in subsection (2) omit the words from “sitting for” to the end;

(b)in subsection (5) for the words from “within the petty sessions district” to “district is one, the court” substitute “ a court of summary jurisdiction ”;

(c)in subsection (5A) omit the words from “for the petty sessions district” to the end.

(2)In section 180 (disposal of things seized) omit the words from “sitting for the petty sessions district” to “was seized”.

(3)In section 188 (offences at sea)—

(a)in subsection (1) for the words from the beginning to “in that district” substitute “ The jurisdiction of any court of summary jurisdiction or lay magistrate ” and omit “within that district”;

(b)in subsection (2) for the words “any resident magistrate or justice of the peace” substitute “ lay magistrate ” and omit the words “within the petty sessions district for which that court sits or in which that magistrate or justice has authority”.

(4)In section 197(1) omit “for the petty sessions district in which that person resides, or in which the offence was committed”.

(5)In Schedule 5A (renewal of appointment of private water bailiff) in paragraph 5 in the definition of “the court” omit the words from “sitting for the petty sessions district” to the end.

The Maintenance and Affiliation Orders Act (Northern Ireland) 1966 (c. 35)

(59)In section 11(2)(b) (registration of orders) omit “acting for the petty sessions district in which the defendant appears to be”.

The Medicines Act 1968 (c. 67)

(60)In Schedule 3 (sampling) in paragraph 28(2) omit the words from “for the district” to the end.

The Treatment of Offenders Act (Northern Ireland) 1968 (c. 29)

(61)In section 21 (suspended sentences)—

(a)in subsection (1) omit the words from “having jurisdiction in the county court division” to “he is convicted”;

(b)in subsection (3) omit “having jurisdiction in the place where he is arrested”.

The Children and Young Persons Act (Northern Ireland) 1968 (c. 34)

(62)

(1)In section 178 (assessors for county court)—

(a)in subsection (1) omit “appropriate”;

(b)in subsection (4) omit the definition of “appropriate lay magistrate”.

(2)In Schedule 2 (constitution of juvenile court)—

(a)in paragraph 3(1) omit the words from “for the county court division” to “adjoins that county court division”;

(b)omit paragraph 7;

(c)omit paragraph 8(b).

The Industrial and Provident Societies Act (Northern Ireland) 1969 (c. 24)

(63)In section 67(6)(a) (dissolution of society) omit “for the district where the registered office of the society is situate”.

The Immigration Act 1971 (c. 77)

(64)

(1)In section 25D (detention of ship, aircraft or vehicle) in subsection (6) for paragraph (c)(i) and (ii) substitute—“i if the arrested person has not been charged, or he has been charged but proceedings for the offence have not begun to be heard, a magistrates' court;”

(2)In section 28K (execution of warrant) in subsection (9)(b) omit “for the petty sessions district in which the premises are situated”.

(3)In Schedule 2 (control on entry)—

(a)in paragraph 24(2)(a) omit “acting for the petty sessions area in which he is arrested”;

(b)in paragraph 33(2)(a) omit “acting for the petty sessions area in which he is arrested”.

(4)In Schedule 3 (deportation)—

(a)in paragraph 6(3)(b) omit “acting for the county court division where the person to whom the application relates resides”;

(b)in paragraph 8(1) omit “for the petty sessions district in which he was arrested”.

The Civil Evidence Act (Northern Ireland) 1971 (c. 36)

(65)In section 8(5) (findings of adultery and paternity as evidence in civil proceedings)—

(a)in the definition of “matrimonial proceedings” omit “divorce”; and

(b)omit the words “ “divorce county court” has the same meaning as in the Matrimonial Causes (Northern Ireland) Order 1978 and”.

The Maintenance Orders (Reciprocal Enforcement) Act 1972 (c. 18)

(66)

(1)In section 9(1ZB)(b) (variation and revocation of registered orders) omit the words from “and as if” to the end.

(2)Omit section 17(4) (proceedings in magistrates' courts).

(3)In section 18(2) (rules) after “subsection (1) above” insert “ (other than paragraph (a)) ”.

(4)In section 26(6)(b) (applications for recovery) for the words from “of the court” to the end substitute “ of petty sessions ”.

(5)In section 28D (sending applications)—

(a)in subsection (1) omit “acting for the petty sessions district in which the respondent is residing”;

(b)omit subsections (4) and (5).

(6)Omit section 47(3) (interpretation).

The Drainage (Northern Ireland) Order 1973 (NI 1)

(68)In Schedule 5 (duties of occupiers), in paragraph 6(d) omit the words from “for the division” to “is situate”.

The Consumer Credit Act 1974 (c. 39)

(69)

(1)In section 140B (powers of court) omit subsection (7).

(2)In section 143 (jurisdiction of county court) omit paragraphs (a) and (b).

The Friendly Societies Act 1974 (c. 46)

(70)

(1)In section 93(3) (dissolution) for the words from “make an application” to “county court or sheriff” substitute “ make an application to the county court, and on any such application the county court ”.

(2)Omit section 102 (jurisdiction of magistrates' courts in Northern Ireland).

The Treatment of Offenders (Northern Ireland) Order 1976 (NI 4)

(71)In Article 5 (liability to be dealt with)—

(a)in paragraph (1)(b) omit the words from “having jurisdiction in the county court division” to “was convicted”;

(b)in paragraph (2)(b) omit “acting for the same county court division as that court”.

The Criminal Damage (Compensation)(Northern Ireland) Order 1977 (NI 14)

(72)In Article 2 (interpretation) omit paragraph (3).

The Rates (Northern Ireland) Order 1977 (NI 28)

(73)In Article 32(3) (recovery of rates) omit the words from “having jurisdiction” to the end.

The Judicature (Northern Ireland) Act 1978 (c. 23)

(74)

(1)Omit section 103 (justices of the peace).

(2)In section 120(1) (interpretation)—

(a)in the definition of “county court” omit “for a division”;

(b)in the definition of “division” omit the words in brackets.

(3)In Schedule 6 (transitional provisions), omit paragraph 8.

The Interpretation Act 1978 (c. 30)

(75)In Schedule 1 (definitions), in paragraph (b) of the definition of “county court”, omit “for a division”.

The Matrimonial Causes (Northern Ireland) Order 1978 (NI 15)

(76)

(1)In Article 2(2) (interpretation) omit the definition of “divorce county court”.

(2)In Article 35(4) (order for repayment of sums paid under certain orders) omit the words from “and, accordingly” to the end.

(3)In Article 37(3) (alteration of agreements) omit the words from “and at least” to “for which the court acts”.

(4)In Article 38(1) (alteration of agreements after death) omit the words from “and, accordingly” to the end.

(5)In Article 40(3) (orders for repayment of certain sums) omit the words from “and, accordingly” to the end.

(6)In Article 48 (the court)—

(a)in paragraph (1) for sub-paragraph (b) substitute—“b a county court.”

(b)omit paragraphs (1A), (1B) and (2);

(c)in paragraph (3) omit “If an order is made under paragraph (1),”;

(d)in paragraphs (3)(a) and (c) omit “divorce” (wherever occurring);

(e)in paragraph (4) omit “divorce” and “which is exercisable by county courts generally”;

(f)in paragraph (5) omit “If an order is made under paragraph (1),” and “divorce” (wherever occurring);

(g)in paragraph (8) omit “divorce”;

(h)in paragraph (9) omit “divorce”.

The Protection of Children (Northern Ireland) Order 1978 (NI 17)

(77)

(1)In Article 4(1) (entry, search and seizure) omit “in the petty sessions district for which he acts”.

(2)In the Schedule (forfeiture proceedings) in paragraph 12 omit the words from “for the petty sessions district” to the end.

The Inheritance (Provision for Family and Dependants) (Northern Ireland) Order 1979 (NI 8)

(78)

(1)In Article 2(2) (interpretation) omit the definitions of “civil partnership proceedings county court” and “divorce county court”.

(2)In Article 17(1) (restriction imposed on divorce proceedings) omit “divorce” in the second place where it occurs.

(3)In Article 17ZA (restriction imposed on civil partnership proceedings) omit “civil partnership proceedings”.

The Administration of Estates (Northern Ireland) Order 1979 (NI 14)

(79)In Article 12(1) (jurisdiction of county court) omit “for the division in which the deceased, at the time of his death, had a fixed place of abode”.

The County Courts (Northern Ireland) Order 1980 (NI 3)

(80)

(1)In Article 2(2) (interpretation)—

(a)for the definition of “chief clerk” substitute—““chief clerk” means an officer of the Department designated as such by the Department;”

(b)in the definition of “court” omit “for a division”;

(c)after the definition of “defendant” insert—““the Department” means the Department of Justice;”

(d)for the definition of “division” substitute—““division” means an administrative court division specified under section 2 of the Justice Act (Northern Ireland) 2015 for any purposes of a county court;”

(e)in the definition of “the Office” omit “for the division in which those proceedings are taken”.

(2)In Article 3 (county courts)—

(a)in the heading omit “to be held for divisions”;

(b)omit paragraph (1);

(c)for paragraphs (2) to (4) substitute—“2 A court shall be held at such place or places in each division as may be specified in directions given under Article 4.3 A court held under paragraph (2) shall—a be called a county court and be a court of record; andb have throughout Northern Ireland the jurisdiction and powers conferred on a county court by this Order or any other statutory provision.”

(3)In Article 4 (directions of Lord Chief Justice) omit paragraph (d).

(4)In Article 6 (holding of ordinary courts)—

(a)in paragraph (1)(a) for “for each division” substitute “ in each division ”; and

(b)omit paragraph (2).

(5)In Article 8 (adjournments) omit paragraphs (5) to (8).

(6)In Article 10 (general civil jurisdiction) omit paragraphs (3) and (3A).

(7)In Article 21(1) (transfer of certain money from High Court to county court) for “the county court of the division in which that person resides or such other” substitute “ such ”.

(8)In Article 25 (transfer from one county court to another) omit paragraph (2).

(9)In Article 34(2) (powers of county court) for the words from the beginning to “in his division” substitute “ A judge shall have jurisdiction in any proceedings pending in a county court ”.

(10)In Article 63 (cases stated)—

(a)in paragraph (1)(a) omit “having jurisdiction in the county court division in which the county court sat”;

(b)in paragraph (7) for “the resident magistrate or justice of the peace who fixed the amount of the recognisance or any other resident magistrate or justice of the peace having jurisdiction in the place where the recognisance was taken” substitute “a district judge (magistrates' courts) or lay magistrate” and omit “ for the county court division in which the recognisance was taken ”.

The Domestic Proceedings (Northern Ireland) Order 1980 (NI 15)

(81)

(1)In Article 29 (case more suitable for High Court) omit the words “acting for the same petty sessions district as the first-mentioned court”.

(2)In Article 30 (powers of High Court and county court)—

(a)in paragraph (1) omit “divorce”;

(b)in paragraph (2) omit “(whether or not it is a divorce county court)”;

(c)omit paragraph (3).

(3)In Article 32(1) (jurisdiction)—

(a)omit “and without prejudice to Article 77(3) of the Magistrates' Court (Northern Ireland) Order 1981”;

(b)omit the words from “if at the date of the making of the order” to the end.

(4)In Article 34(1) (constitution of courts) omit “acting for the same petty sessions district as that court”.

The Betting and Gaming Duties Act 1981 (c. 63)

(82)In Schedule 1 (betting duties) in paragraph 15(5) omit “situated in the same petty sessions district as those premises”.

The Road Traffic (Northern Ireland) Order 1981 (NI 1)

(83)

(1)In Article 7(1) (review of test) omit “acting for the petty sessions district in which he resides”.

(2)In Article 16(1) (driving licence appeals) omit “acting for the petty sessions district in which he resides”.

(3)In Article 76(1) (vehicle licence appeals) omit “acting for the petty sessions district in which the holder of or applicant for the licence resides”.

(4)In Article 79A(5) (taxi driver's licence appeals) omit “acting for the petty sessions district in which he resides”.

The Judgments Enforcement (Northern Ireland) Order 1981 (NI 6)

(84)

(1)In Article 2(2) (interpretation) omit the definition of “appropriate county court”.

(2)In Article 6(c) (judgments to which Order does not apply) omit “divorce” and “civil partnership proceedings”.

(3)In Article 17(6) (limitation on enforcement) for the words from “means” to the end substitute“means— a where the judgment was given by a county court, any county court,b where the judgment was given by a court of summary jurisdiction, any court of summary jurisdiction,c in any other case, the court by which the judgment was given.”

(4)In Articles 52(1) and (3) (order charging land) omit “appropriate”.

(5)In Article 96A (maintenance orders) in paragraphs (1), (3)(a), (7) and (9) for “divorce county court or civil partnership proceedings county court” (wherever occurring) substitute “ county court ”.

(6)In Article 98(a)(ii) (attachment of earnings order) omit “divorce” and “civil partnership proceedings”.

(7)In Article 107(1)(c) (committal for default) omit “divorce” and “civil partnership proceedings”.

(8)In Article 110(c) (appeal from committal order) omit “appropriate”.

The Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (NI 8)

(85)

(1)In Article 28 (free legal aid)—

(a)in paragraph (4)(a) omit “for the relevant petty sessions district”;

(b)in paragraph (5) for “any court acting for the relevant petty sessions district” substitute “ a court of summary jurisdiction ”.

(2)In Article 30 (free legal aid on appeal)—

(a)in paragraph (1) omit “acting for the same petty sessions district” and “acting for that district”;

(b)in paragraph (2)(b) omit “for the relevant petty sessions district”.

(3)In Article 39 (interpretation) omit the definition of “relevant petty sessions district”.

The Magistrates' Courts (Northern Ireland) Order 1981 (NI 26)

(86)

(1)In Article 2(3) (definitions)—

(a)omit the definitions of “chief clerk” and “county court division”;

(b)after the definition of “decree” insert—““the Department” means the Department of Justice;”

(2)For Article 2 (4) (references to officers of the court) substitute—“4 References in this Order—a to chief clerks and to clerks of petty sessions are references to officers of the Department designated as such by the Department;b to clerks of petty sessions include references to officers of the Department designated by the Department as assistant or deputy clerks of petty sessions.”

(3)Omit Article 4 (local jurisdiction of justices of the peace).

(4)For Article 11 and the Part heading immediately above it substitute“11 1 Sessions for the holding of courts of summary jurisdiction shall continue to be known as petty sessions and are so referred to in this Order.2 The Lord Chief Justice may give directions as to—a the places at which petty sessions are to be held;b the days on which petty sessions are to be regularly held;c the ordinary hours of sitting of courts of summary jurisdiction;d such other incidental, consequential, transitional or supplementary matters as appear to the Lord Chief Justice to be necessary or proper.”

(5)For Article 16 substitute—“16 1 A magistrates' court has jurisdiction—a to conduct a preliminary inquiry or a preliminary investigation into any indictable offence;b to hear and determine a complaint charging any summary offence.2 A district judge (magistrates' courts) exercising the powers conferred by Article 45 and 46 has jurisdiction to try summarily any indictable offence.3 References above to offences are to offences, wherever committed, which are cognisable under the law of Northern Ireland.”

(6)Omit Article 17 (offences committed on boundaries, etc.).

(7)In Article 18(4)(b) (summary trial) omit the words “sitting for the petty sessions district for which the resident magistrate or lay magistrate acted”.

(8)For Article 20 substitute—“20 1 On a complaint being made to a lay magistrate that a person has, or is suspected of having, committed a summary offence, the lay magistrate may issue a summons directed to that person requiring him to appear before a magistrates' court to answer to the complaint.2 On a complaint being made to a lay magistrate that a person has, or is suspected of having, committed an indictable offence, the lay magistrate may either—a issue a summons requiring him to appear before a magistrates' court; orb issue a warrant to arrest that person and bring him before a magistrates' court3 Where the offence charged in the complaint is an indictable offence, a warrant under this Article may be issued by a lay magistrate at any time notwithstanding that a summons has previously been issued and whether before or after the time mentioned in such summons for the appearance of the person summoned.4 Where a lay magistrate is satisfied that a summons issued under paragraph (1) has not been served, the lay magistrate may, without a complaint being made to him, re-issue the summons extending the time for the appearance of the person summoned.5 Where a district judge (magistrates' courts) is satisfied that a person suspected of having committed a summary offence cannot for any reason be served with a summons, the district judge (magistrates' courts) may issue a warrant for the arrest of that person notwithstanding that a summons has not been first issued.6 A warrant may be issued in respect of any offence notwithstanding that the offence was committed outside Northern Ireland if an indictment for the offence may legally be preferred in Northern Ireland.7 A warrant shall not be issued under this Article unless the complaint is in writing and substantiated on oath.”

(9)In Article 32(1)(a) (documents) omit “for the district in which the preliminary inquiry is to be held”.

(10)Omit Article 36 (adjournment of committal proceedings).

(11)In Article 47 (remands)—

(a)in paragraph (1)(a) omit “for the county court division for which the court is acting or before any other magistrates' court having jurisdiction to conduct the proceedings”;

(b)in paragraph (4E)(a) for the words from “the magistrates' court which” to the end substitute “a magistrates' court”;

(c)in paragraph (4F) for the words from “the magistrates' court which” to the end substitute “a magistrates' court”.

(12)In Article 52 (sentencing of person convicted by another court) omit the words from “acting for the same petty sessions district” to the end.

(13)In Article 72 (issue of process) in paragraphs (1) and (2) omit the words from “acting for the petty sessions district” to the end.

(14)In Article 75 (transfer to county court) omit paragraph (3).

(15)In Article 77 (jurisdiction on civil complaint) omit paragraph (3).

(16)In Article 79 (issue of summons) omit “for a county court division” and “sitting for that county court division”.

(17)In Article 85(4) (orders for periodic payment) omit the words from “of the petty sessions district” to the end.

(18)In Article 85A (proceedings by collection officer)—

(a)in paragraphs (1), (2) and (3) omit “of the relevant court”;

(b)in paragraph (4)(a) omit “of a relevant court”;

(c)in paragraph (7) omit the definition of “the relevant court”.

(19)In Article 85B (breach of maintenance order)—

(a)in paragraph (1) omit “for the county court division which includes the petty sessions district for which the relevant court is acting”;

(b)in paragraph (2) for “the relevant court” (twice) substitute “ a court of summary jurisdiction ”;

(c)in paragraph (3) for “relevant court” substitute “ court of summary jurisdiction ”;

(d)in paragraph (5) omit the definition of “the relevant court”.

(20)In Article 96(1) (transfer of fines) omit “in a petty sessions district” and “acting for that district”.

(21)In Article 98 (enforcement: periodical payments)—

(a)in paragraph (1)(a) omit “acting for the same petty sessions district as the court which made the order”;

(b)in paragraph (1)(b) omit the words from “acting for the same petty sessions district” to the end.

(22)In Article 99 (enforcement: other payments)—

(a)in paragraph (1)(a) omit “acting for the same petty sessions district as the court which made the order”;

(b)in paragraph (1)(b) omit the words from “acting for the same petty sessions district” to the end.

(23)In Article 112 (enforcement: other orders)—

(a)in paragraph (3)(a) omit “acting for the same petty sessions district as the court which made the order”;

(b)in paragraph (3)(b) omit the words from “acting for the same petty sessions district” to the end;

(c)omit paragraph (7).

(24)In Article 113(7) (review of commitment) omit the words from “sitting for” to the end.

(25)In Article 127(3) (power to bind over) omit the words from “where the person” to the end.

(26)In Article 128(1) (discharge of recognizances) omit the words from “having jurisdiction either¾” to the end of sub-paragraph (b).

(27)In Article 144 (procedure on appeal)—

(a)in paragraph (2A) omit “having jurisdiction in the county court division in which the magistrates' court sat”;

(b)in paragraph (3) omit “having jurisdiction in the county court division in which the magistrates' court sat”.

(28)In Article 148(1) (bail on appeal) omit “having jurisdiction in the petty sessions district for which the court acted”.

(29)In Article 149(1) (recognizance to prosecute appeal) omit “having jurisdiction in the petty sessions district for which that court acted”.

(30)In Article 151(1) (estreat of recognizance) omit the words from “acting for the same petty sessions district” to “case was stated”.

The Civil Jurisdiction and Judgments Act 1982 (c. 27)

(87)

(1)Omit section 15(3) (interpretation).

(2)In section 36(4)(b) (registration of maintenance orders), in the substituted section 13(5A)(a), omit the words from “ and as if ” to the end.

The Criminal Justice Act 1982 (c. 48)

(88)In Schedule 13 (community service orders - reciprocal arrangements)—

(a)in paragraph 7(2)(a) omit “acting for a petty sessions district in Northern Ireland for the time being specified in it”;

(b)in paragraph 8(2)(a) omit “acting for a petty sessions district in Northern Ireland for the time being specified in it”.

The Probation Board (Northern Ireland) Order 1982 (NI 10)

(89)In Article 5(1) (appointment of probation officers)—

(a)in sub-paragraph (a) omit “and assign one or more to each petty sessions district or districts”;

(b)in sub-paragraph (b) omit “in any petty sessions district”.

The Video Recordings Act 1984 (c. 39)

(90)Omit section 16D (extension of jurisdiction of magistrates' courts in Northern Ireland).

The Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985 (NI 11)

(91)

(1)In Article 15(10) (form and duration of licence) for the words from “upon” to “situated” substitute“upon— a the clerk of petty sessions; andb the district commander of the police district in which the bookmaker's licence was granted, or as the case may be, the licensed office is situated;”

(2)In Article 26 (temporary continuance of business) omit paragraph (3).

(3)In Article 66(9) (form and duration of new bingo club licence) for the words from “upon” to “situated” substitute“upon— a the clerk of petty sessions; andb the district commander of the police district in which the bingo club premises are situated;”

(4)In Article 86(9) (form and duration of new gaming machine certificates) for the words from “upon” to “situated” substitute“upon— a the clerk of petty sessions; andb the district commander of the police district in which the premises in which the business is carried on are situated;”

(5)In Article 143(7) (form and duration of new lottery certificates) for the words from “upon” to “situated” substitute“upon— a the clerk of petty sessions; andb the district commander of the police district in which the premises in which the business is carried on are situated;”

(6)In Article 173 (notification of change of directors) for the words from “upon” to “situated” substitute“upon— a the clerk of petty sessions; andb the district commander of the police district in which the licence, certificate or permit was granted or, in the case of a bookmaking office licence, in which the licensed office is situated.”

(7)In Article 174 (register of licences, certificates, etc.)—

(a)in paragraph (1) for “Each clerk of petty sessions shall keep” substitute “ The Department of Justice shall cause to be kept (whether by clerks of petty sessions or otherwise) ” and for the words from “granted” to the end substitute “ granted by a county court or a court of summary jurisdiction ”;

(b)in paragraph (2) for the words from the beginning to “record” substitute “ There shall be recorded ”;

(c)in paragraph (3) for the words from the beginning to “keep” substitute “ The Department of Justice shall also cause to be kept ” and in sub-paragraph (a) omit “by him”;

(d)omit paragraph (4).

(8)In Article 175 (register of clubs)—

(a)in paragraph (1) for the words from the beginning to “petty sessions district” substitute “ The Department of Justice shall cause to be kept (whether by clerks of petty sessions or otherwise) a register of clubs ”;

(b)in paragraph (2) for the words from the beginning to “record” substitute “ There shall be recorded ”.

(c)omit paragraph (3).

(9)In Article 177 (returns to the Department)—

(a)for the words from the beginning to “a statement” substitute “ The Department of Justice shall, in respect of each such period as the Department may specify, arrange for a statement to be sent to the Department ”;

(b)in paragraph (a) for the words from “granted” to the end substitute “ granted by a county court or court of summary jurisdiction ”;

(c)in paragraph (b) omit “having premises within that district”.

(10)In Article 178(1) (registers as evidence) omit “kept by him”.

(11)In Article 179(2) (proof of licence) omit the words from “for the petty sessions district in which” to “club is registered”.

(12)In Schedule 1 (applications for grant of bookmakers' licence) omit paragraph 1.

(13)In Schedule 3 (applications for renewal of bookmakers' licence)—

(a)in paragraph 1 for the words from the beginning to “petty sessions district” substitute “ The Department of Justice ” and for “in the district” substitute “ throughout Northern Ireland ”;

(b)in paragraph 2(1) omit “for the petty sessions district”.

(14)In Schedule 4 (applications for renewal of bookmaking office licence) in paragraph 1 for the words from the beginning to “petty sessions district” substitute “ The Department of Justice ” and for “in the district” substitute “ throughout Northern Ireland ”.

(15)In Schedule 10 (applications for renewal of bingo club licence) in paragraph 1 for the words from the beginning to “petty sessions district” substitute “ The Department of Justice ” and for “in that district” substitute “ throughout Northern Ireland ”.

(16)In Schedule 12 (applications for renewal of gaming machine licence) in paragraph 1 for the words from the beginning to “petty sessions district” substitute “ The Department of Justice ” and for “in the district” substitute “ throughout Northern Ireland ”.

(17)In Schedule 17 (applications for renewal of lottery licence) in paragraph 1 for the words from the beginning to “petty sessions district” substitute “ The Department of Justice ” and for “in the district” substitute “ throughout Northern Ireland ”.

The Credit Unions (Northern Ireland) Order 1985 (NI 12)

(92)In Article 70(6)(a) (dissolution of credit union) omit “for the division in which the registered office of the credit union is situated”.

The Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1985 (NI 15)

(93)

(1)In Schedule 1 (licensing of places of entertainment), in paragraph 13(1) omit “for the county court division in which the place is situated”.

(2)In Schedule 2 (licensing of sex establishments)—

(a)in paragraph 26(1) omit “for the relevant county court division”;

(b)in paragraph 26(4) omit the definition of “the relevant county court division”.

The Mental Health (Northern Ireland) Order 1986 (NI 4)

(94)

(1)Schedule 2A (supervision and treatment orders) is amended as follows.

(2)In paragraph 3(1) for head (b) substitute—“b require him to be under the supervision of a probation officer.”

(3)Omit paragraph 3(4).

(4)In paragraph 7 for sub-paragraph (1) substitute—“1 This paragraph applies where—a a supervision and treatment order is in force in respect of any person;b that order requires the supervised person to be under the supervision of a social worker of an authorised HSC trust; andc a court of summary jurisdiction is satisfied that the supervised person proposes to change, or has changed, his residence to the area of another authorised HSC trust.”

(5)In paragraph 7(2) for the words from “or as the case may be” to the end substitute “ for the area specified in the order ”.

(6)In paragraph 7(3) omit “or, as the case may be, district” and “or district”.

(7)In paragraph 8(1) omit “for the petty sessions district concerned”.

(8)In paragraph 9(1) omit “for the petty sessions district concerned”.

(9)In paragraph 11 for sub-paragraph (1) substitute—“1 On the making under paragraph 7 or 8 of an order amending a supervision and treatment order, the clerk of petty sessions shall forthwith give copies of the amending order to the supervising officer.”

The Adoption (Northern Ireland) Order 1987 (NI 22)

(95)

(1)In Article 2(2) (interpretation) in the definition of “authorised court”—

(a)in paragraph (b)(ii) omit “within whose division the applicant lives”;

(b)in paragraph (c) for sub-paragraphs (ii) and (iii) substitute—“ii the county court;”

(2)In Article 52(1) (amendment of orders) for “a county court held for the same division” substitute “ any other county court ”.

(3)In Article 55(3) (revocation of adoptions on legitimation) for “a court held for the same division” substitute “ any other county court ”.

The Matrimonial and Family Proceedings (Northern Ireland) Order 1989 (NI 4)

(96)In Article 40(1) (the court) omit sub-paragraph (a).

The Police and Criminal Evidence (Northern Ireland) Order 1989 (NI 12)

(97)

(1)In Article 18(10A)(a) (execution of warrants) omit “for the petty sessions district in which the magistrate was acting when he issued the warrant”.

(2)In Article 47 (detention after charge) for paragraphs (2) to (4) substitute—“2 He shall be brought before a magistrates' court as soon as is practicable and in any event not later than the day next following the day on which he is charged.3 Where the day next following the day on which he is charged with the offence 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.”

The Human Fertilisation and Embryology Act 1990 (c. 37)

(98)In section 30(8)(c) (parental orders in favour of gamete donors) for “any county court within whose jurisdiction the child is” substitute “ a county court ”.

The Criminal Justice Act 1991 (c. 53)

(99)In Schedule 3 (reciprocal enforcement of certain orders) in paragraph 10(2)(a) omit “acting for the petty sessions district in Northern Ireland for the time being specified in the order”.

The Road Traffic (Amendment) (Northern Ireland) Order 1991 (NI 3)

(100)In Schedule 2 (existing licences) in paragraph 6(1) omit “acting for the petty sessions district in which the holder of the licence resides”.

The Friendly Societies Act 1992 (c. 40)

(101)Omit section 110 (jurisdiction of magistrates' courts in Northern Ireland)

The Tourism (Northern Ireland) Order 1992 (NI 3)

(102)In Article 19(1) (appeals) omit “for the county court division in which that establishment is situated”.

The Family Law (Northern Ireland) Order 1993 (NI 6)

(103)In Article 12(3)(g) (family proceedings rules) for “divorce county court or civil partnership proceedings county court” substitute “ county court ”.

The Disability Discrimination Act 1995 (c.50)

(104)

(1)In section 38 (appeal against refusal of exemption certificate)—

(a)in subsection (1) for “the appropriate court” substitute “ a court of summary jurisdiction ”;

(b)omit subsection (3).

(2)In Schedule 8 (modifications for Northern Ireland) omit paragraph 22(3).

The Children (Northern Ireland) Order 1995 (NI 2)

(105)

(1)In Article 166 (appeals)—

(a)in paragraph (2)(b) omit “a divorce county court”;

(b)in paragraph (2)(c) omit “a civil partnership proceedings county court”;

(c)in paragraph (4) omit sub-paragraph (a), the word “such” in sub-paragraph (b) and the words after sub-paragraph (b).

(2)In Schedule 1 (financial provision for children) in paragraph 12(6) omit the words from “and at least one of the parties” to “for which the court sits”.

(3)In Schedule 7 (jurisdiction) omit—

(a)paragraph 1(1)(c);

(b)paragraph 4(4) and (7).

The Road Traffic (Northern Ireland) Order 1995 (NI 18)

(106)In Schedule 1 (supplementary provisions relating to proceedings)—

(a)in paragraph 1(1) omit “for the county court division in which the proceedings are brought”;

(b)omit paragraph 4(3).

The Criminal Procedure and Investigations Act 1996 (c. 25)

(107)Omit section 76 and paragraph 33 of Schedule 4 (powers of magistrates' court).

The Juries (Northern Ireland) Order 1996 (NI 6)

(108)

(1)In Article 2(2) (interpretation)—

(a)for the definition of “division” substitute—““division” means an administrative court division specified under section 2(2)(a) of the Justice Act (Northern Ireland) Act 2015 for all purposes of a county court or, if different administrative court divisions are specified for different purposes of a county court, an administrative court division specified under section 2(2)(c) of that Act for the residual purposes of the court;”

(b)for the definition of “Juries Officer” substitute—““Juries Officer”, in relation to a division, means such officer of the Department as may be designated by the Department in relation to that division;”

(2)In Article 4 (preparation of Jurors List)—

(a)in paragraph (8) omit “whether by reference to the area of jurisdiction of any court or courts or otherwise”;

(b)in paragraph (10) omit “whether by reference to the area of jurisdiction of any court or courts or otherwise”.

(3)In Article 5 (selection of names) in paragraph (5) for sub-paragraph (a) substitute—“a a division in which the relevant magistrates' court sat;”

The Road Traffic (Offenders) (Northern Ireland) Order 1996 (NI 10)

(109)

(1)In Article 2(2) omit the definition of “petty sessions district”.

(2)In Article 36 (reduced disqualification) omit paragraph (6).

(3)In Article 38(2) (interpretation) in the definition of “supervising court” omit the words from “acting for” to the end.

(4)In Article 65(3) (notification of trial) omit the words from “of the county court division” to “is situated”.

(5)In Article 75(3) (registration certificates) omit the words from “for such petty sessions district” to the end.

The Licensing (Northern Ireland) Order 1996 (NI 22)

(110)

(1)In Article 2(2) (interpretation) in the definition of “licensed premises” for “by the clerk of petty sessions” substitute “ under Article 34(2) ”.

(2)In Article 5(4) (premises for which licence may be granted) omit “by the clerk of petty sessions for the petty sessions district in which the premises are situated”.

(3)In Article 28(3) (temporary continuance) for the words from “upon” to “situated” substitute“upon— a the clerk of petty sessions; andb the district commander of the police district in which the premises are situated;”

(4)In Article 29(3) (temporary continuance) omit the words from “for the petty sessions district” to the end.

(5)In Article 30(1) (occasional licences) omit the words from “sitting in the county court division” to “includes that place”.

(6)In Article 31(1)(d)(ii) (consent for alterations) omit “for the petty sessions district in which the premises are situated”.

(7)In Article 34 (register of licences) in paragraph (1) for the words before sub-paragraph (a) substitute—“1 The Department of Justice shall cause to be kept (whether by clerks of petty sessions or otherwise) a register, in such form as may be prescribed, of licences granted under this Order; and there shall be recorded in the register in respect of each licence—”

(8)In Article 34(1) omit sub-paragraph (i).

(9)In Article 34(2) for the words from the beginning to “received by him under paragraph (3)” substitute “ The Department of Justice shall also arrange for the keeping of the plans received under ”.

(10)Omit Article 34(3).

(11)In Article 34(4) for “A clerk of petty sessions may make such alterations” substitute “ The Department may cause such alterations to be made ”.

(12)For Article 36 substitute—“36 The Department of Justice shall, in respect of each such period as the Department may specify, arrange for a statement to be sent to the Department showing the number of premises of each of the kinds mentioned in Article 5 having a current licence and containing such other information as the Department may require”

(13)In Article 37(1) (register as evidence) omit “kept by him”.

(14)In Article 38(2) (proof of licence) for “the clerk of petty sessions for the petty sessions district in which the premises for which a licence was granted are situated” substitute “ a clerk of petty sessions ”.

(15)In Article 69A(1) (closure orders) for “petty sessions district, a court of summary jurisdiction acting for the district” substitute “ place, a court of summary jurisdiction ”.

(16)In Articles 69C(1)(a), 69D(1)(b), 69E and 69F(1), (2), (3) and (4) omit “relevant”.

(17)In Article 69J(4) (interpretation) omit the definition of “relevant court of summary jurisdiction”.

(18)In Article 75 (suspension procedure) in paragraph (3) for sub-paragraphs (a) and (b) substitute “ retain the licence ”.

(19)In Schedule 3 (approval of sites), omit paragraph 4(3).

(20)In Schedule 4 (applications for renewal of licence)—

(a)in paragraph 2 for “clerk of petty sessions for each petty sessions district” substitute “ Department of Justice ” and for “in that district” substitute “ throughout Northern Ireland ”;

(b)in paragraph 3 omit “for the petty sessions district in which the premises are situated”.

The Registration of Clubs (Northern Ireland) Order 1996 (NI 23)

(111)

(1)In Article 12 (temporary continuance) omit paragraph (3).

(2)In Article 16 (register of clubs)—

(b)in paragraph (2) for “Each clerk of petty sessions shall record” substitute “ There shall be recorded ”;

(c)omit paragraphs (3) and (4);

(d)in paragraph (5) for “A clerk of petty sessions may make such alterations” substitute “ The Department may cause such alterations to be made ”.

(3)In Article 18 (returns to Department) for the words from the beginning to the end of paragraph (a) substitute—“The Department of Justice shall, in respect of each such period as the Department may specify, arrange for a statement to be sent to the Department showing—a the number of clubs having a current certificate of registration;”

(4)In Article 19(1) (register as evidence) omit “kept by him”.

(5)In Article 20(2) (proof of licence) for “the clerk of petty sessions for the petty sessions district in which the club is registered” substitute “ a clerk of petty sessions ”.

(6)In Article 41(1)(a) (notification of alterations) omit “for the petty sessions district in which the premises of the registered club are situated”.

(7)In Article 41A(1) (closure orders) for “petty sessions district, a court of summary jurisdiction acting for the district” substitute “ place, a court of summary jurisdiction ”.

(8)In Articles 41C(1)(a), 41D(1)(b), 41E and 41F(1), (2), (3) and (4) omit “relevant”.

(9)In Article 41J(3) (interpretation) omit the definition of “relevant court of summary jurisdiction”.

(10)In Article 49(2) (procedure in connection with cancellation and disqualification) for sub-paragraphs (a) and (b) substitute “ retain the certificate of registration ”.

(11)In Schedule 3 (renewal of registration)—

(b)in paragraph 3(b) omit “for the petty sessions district in which the premises of the club are situated”.

The Criminal Justice (Northern Ireland) Order 1996 (NI 24)

(112)

(1)In Article 10 (probation orders) omit paragraphs (2) and (5).

(2)In Article 13 (community service orders)—

(a)in paragraph (6) omit the words from the beginning to “will reside; and”;

(b)in paragraph (8) omit the words from “and the court shall” to the end.

(3)In Article 26(2) (release on licence of sexual offenders) for the words “appointed for or assigned to the petty sessions district within which the offender resides” substitute “ assigned by the Probation Board ”.

(4)In Article 27 (breach of licence conditions)—

(a)in paragraph (2) omit “acting for the petty sessions district in which he resides”;

(b)in paragraph (9)(b) omit “acting for the petty sessions district in which the offender resides”;

(c)omit paragraphs (10) and (11).

(5)In Schedule 2 (enforcement of certain community orders)—

(a)in paragraph 1(1) omit the definition of “the petty sessions district concerned”;

(b)in paragraph 2(2)(b)(ii) omit “acting for the petty sessions district concerned”;

(c)in paragraph 2(3) omit “having jurisdiction in the place where he is arrested”;

(d)in paragraph 7(1) omit “acting for the petty sessions district concerned”;

(e)in paragraph 9(1)(a)(i) omit “other than a court acting for the petty sessions district concerned”;

(f)omit paragraph 12;

(g)in paragraph 13(1) for the words from the beginning to “petty sessions district concerned” substitute “ A court of summary jurisdiction ”;

(h)in paragraph 14(1) omit “for the petty sessions district concerned”;

(i)in paragraph 15(b) omit “acting for the petty sessions district concerned”;

(j)in paragraph 17(2) omit the words from “or substituting a new petty sessions district” to the end;

(k)in paragraph 18(1) for the words from “forthwith” to the end substitute “ forthwith give copies of the amending order to the responsible officer ”.

The Race Relations (Northern Ireland) Order 1997 (NI 6)

(113)In Article 54(8) (claims) omit “outside its division”.

The Family Homes and Domestic Violence (Northern Ireland) Order 1998 (NI 6)

(114)

(1)In Article 34 (jurisdiction) omit—

(a)paragraph (3)(c); and

(b)paragraph (9).

(2)In Article 39 (appeals)—

(a)in paragraph (2)(b) omit “a divorce county court”;

(b)in paragraph (2)(c) omit “a civil partnership proceedings county court”;

(c)in paragraph (4) omit sub-paragraph (a), the word “such” in sub-paragraph (b) and the words from “and except” to the end;

(d)in paragraph (6) omit “a divorce county court” and “a civil partnership proceedings county court”.

The Criminal Justice (Children) (Northern Ireland) Order 1998 (NI 9)

(115)

(1)In Article 11(1)(a) (notice of charge against child) omit “assigned to the petty sessions district in which the court will sit”.

(2)In Article 31 (remand to obtain information)—

(a)in paragraph (1) omit “acting for the same petty sessions district”;

(b)in paragraph (3) omit the words from “acting for the same petty sessions district” to “county court division”.

(3)In Article 36B (restrictions on reparation orders) omit paragraph (3).

(4)In Article 36ZC (parental compensation orders)—

(a)in paragraph (4) omit “which has made a parental compensation order”;

(b)omit paragraph (7).

(5)In Article 36D (reparation orders)—

(a)omit paragraph (1);

(b)omit paragraph (3);

(c)omit paragraph (5).

(6)In Article 36F (restrictions on community responsibility orders) omit paragraph (3).

(7)In Article 36I (supplementary provisions on community responsibility orders)—

(a)omit paragraph (1);

(b)omit paragraph (2);

(c)omit paragraph (4).

(8)In Article 36K (youth conference orders)—

(a)omit paragraph (5);

(b)omit paragraph (7).

(9)In Article 38(2)(i) (attendance centre orders) omit “for the petty sessions district in which that child resides or in which the attendance centre specified in the order is situated”.

(10)In Schedule 1A (breach, revocation and amendment of certain orders)—

(a)in paragraph 1(2) omit the words from “acting for the petty sessions district” to the end;

(b)omit paragraph 5(6)(c);

(c)omit paragraph 7(3);

(d)omit paragraph 8(8)(d).

The Criminal Justice (Northern Ireland) Order 1998 (NI 20)

(116)

(1)In Article 9 (drug treatment orders) omit—

(a)paragraph (6);

(b)paragraph (9)(b) and the word “or” immediately before it;

(c)paragraph (10).

(2)In Article 10(9)(b) (periodic review of orders) for the words from “resident magistrate” to the end substitute “district judge (magistrates' courts)”.

The Fair Employment and Treatment (Northern Ireland) Order 1998 (NI 21)

(117)In Article 40(8) (claims) omit “outside its division”.

The Justice (Northern Ireland) Act 2002 (c. 26)

(119)

(1)Omit section 9 (lay magistrates).

(2)In section 90(1A) (subordinate legislation) omit “, 9(4)”.

(3)In Schedule 4 (amendments) omit paragraph 17.

The Company Directors Disqualification (Northern Ireland) Order 2002 (NI 4)

(120)

(1)In Article 5(2)(c) (disqualification on conviction) omit “acting for the same petty sessions district”.

(2)In Article 8(2) (disqualification on summary conviction) omit “acting for the same petty sessions district”.

The Finance Act 2003 (c. 14)

(121)In Schedule 12 (stamp duty land tax)—

(a)in paragraph 5(3)(a) omit “for a division”;

(b)in paragraph 5(3)(d) for “sections 21 and 42(2)” substitute “ section 21 ” and for “apply” substitute “ applies ”.

The Crime (International Co-operation) Act 2003 (c. 32)

(122)In section 59(2)(c) (appeal against disqualification) omit “acting for the petty sessions district in which the applicant resides”.

The Sexual Offences Act 2003 (c. 42)

(123)

(1)In section 60B(5) (detention of vehicle, ship or aircraft) for paragraph (b)(i) and (ii) substitute—“i if the arrested person has not been charged, or he has been charged but proceedings for the offence have not begun to be heard, a magistrates' court;”

(2)In section 125 (variation, renewal and discharge of orders)—

(a)in subsection (1) for “the appropriate court” substitute “ a court of summary jurisdiction ”; and

(b)omit subsection (7).

(3)In section 136 (Northern Ireland)—

(a)in subsection (5) omit “subject to subsection (6)” and after “magistrates' court” insert “ or to a magistrates court for a particular area ”

(b)omit subsections (6) and (7).

The Civil Partnership Act 2004 (c. 33)

(124)

(1)In section 188 (the court)—

(a)in subsection (1) for paragraph (b) substitute—“b a county court.”

(b)omit subsections (4) to (6) and (9);

(c)in subsection (7) for “civil partnership proceedings county court” substitute “ county court ”;

(d)in subsection (8) omit “civil partnership proceedings” and “which is exercisable by county courts generally”.

(2)In section 189 (appeals) in subsection (1)(a) and (b) omit “civil partnership proceedings”.

(3)In section 190(2) (rules of court) for “civil partnership proceedings county court” (wherever occurring) substitute “ county court ”.

(4)In Schedule 15 (financial relief in High Court or county court) in paragraph 63(1) omit head (b) and the word “and” immediately before it.

(5)In Schedule 16 (financial relief in court of summary jurisdiction) in paragraph 8(3) omit the words from “acting for the same petty sessions district” to the end.

(6)In Schedule 29 omit paragraphs 50 and 94(4).

The Criminal Justice (Northern Ireland) Order 2004 (NI 9)

(125)In Article 10 (live links) omit—

(a)paragraph (4)(b) and (c);

(b)paragraph (5).

The Criminal Justice (Evidence) (Northern Ireland) Order 2004 (NI 10)

(126)In Article 40 (video evidence) omit paragraph (4).

The Anti-Social Behaviour (Northern Ireland) Order 2004 (NI 15)

(127)

(1)In Article 3(2) (applications for order) omit “for the county court division in which it is alleged that the harassment, alarm or distress was caused or was likely to be caused”.

(2)In Article 6B(14)(a) (variation or discharge of orders) omit “acting for the same county court division as that court”.

The Lay Magistrates (Eligibility) Order (Northern Ireland) 2004 (SR 2004/246)

(128)In Article 2(a) for “county” substitute “ administrative ”.

The Serious Organised Crime and Police Act 2005 (c. 15)

(129)In section 80(4) (financial reporting orders)—

(a)omit “(or in Northern Ireland for the same county court division)”;

(b)at the end add “or in Northern Ireland to any magistrates' court.”.

The Safety of Sports Grounds (Northern Ireland) Order 2006 (NI 2)

(130)In Article 2(2) (interpretation) for the definition of “the court” substitute—““the court” means a court of summary jurisdiction;”

The Forced Marriage (Civil Protection) Act 2007 (c. 20)

(131)In Schedule 1 (Northern Ireland) in paragraph 11 omit “a divorce county court”.

The Road Traffic (Northern Ireland) Order 2007 (NI 10)

(132)

(1)In Article 10(3), in the inserted Article 32B(5) of the Offenders Order omit “or (if the supervising court is not the Crown Court or the relevant local court) to either the supervising court or the relevant local court”.

(2)In Article 10(3), in the inserted Article 32B(7) of the Offenders Order omit “or (if the supervising court is not the Crown Court or the relevant local court) to either the supervising court or the relevant local court”.

(3)In Article 10(3), in the inserted Article 32E(3) of the Offenders Order—

(a)in the definition of “proper officer” omit “for the petty sessions district for which the court acts”;

(b)omit the definition of “relevant local court”;

(c)in the definition of “supervising court” omit “acting in the same petty sessions district as the court which made the order”.

(4)In Article 11(1), in the substituted Article 37(6) of the Offenders Order, omit “ or (if the supervising court is not the Crown Court or the relevant local court) to either the supervising court or the relevant local court ”.

(5)In Article 11(1), in the substituted Article 37(8) of the Offenders Order, omit “ or (if the supervising court is not the Crown Court or the relevant local court) to either the supervising court or the relevant local court ”.

(6)In Article 11(1), in the substituted Article 38(3) of the Offenders Order—

(a)in the definition of “proper officer” omit “for the petty sessions district for which the court acts”;

(b)omit the definition of “relevant local court”;

(c)in the definition of “supervising court” omit “acting in the same petty sessions district as the court which made the order”.

(7)In Article 45, in the inserted Article 8A(3)(e) of the Order of 1981, omit “acting for the petty sessions district in which the person resides”.

(8)In Article 60(12) (appeals) omit “acting for the petty sessions district in which the person resides”.

(9)In Article 64(5)(b) (training) omit “acting for the petty sessions district in which the person resides”.

The Criminal Justice and Immigration Act 2008 (c. 4)

(133)

(1)In section 82 (requests to other member states) in subsection (4)(b)(v) omit “in a petty sessions district”.

(2)In section 87 (requests from other member states)—

(a)omit subsection (2);

(b)in subsection (3) omit “Otherwise” and the words from “for such petty sessions district” to the end;

(c)in subsection (4) omit “(2) or”;

(d)omit subsection (5).

(3)In section 88 (procedure on receipt of certificate)—

(a)in subsection (1) omit “for a petty sessions district”;

(b)in subsection (2) omit “acting for the petty sessions district”.

The Human Fertilisation and Embryology Act 2008 (c. 22)

(134)In section 54(9)(c) (parental orders) omit “within whose division the child is”.

The Counter-Terrorism Act 2008 (c. 28)

(135)In Schedule 5 (foreign travel restriction orders) in paragraph 10(2) omit “for the petty sessions district which includes the area where the person subject to the order resides”.

The Criminal Justice (Northern Ireland) Order 2008 (NI 1)

(136)

(1)In Article 60(1), in the inserted Article 38B(5) of the Offenders Order, omit “or (if the supervising court is not the Crown Court or the relevant local court) to either the supervising court or the relevant local court”.

(2)In Article 60(1), in the inserted Article 38E(3) of the Offenders Order—

(a)in the definition of “proper officer” omit “for the petty sessions district for which the court acts”;

(b)omit the definition of “relevant local court”;

(c)in the definition of “supervising court” omit “acting for the same petty sessions district as the court which made the order”.

(3)In Article 61 (experimental period)—

(a)in paragraph (4)(b) omit “acting for a petty sessions district”;

(b)in paragraph (6) for “petty sessions district” substitute “magistrates' court”;

(c)in paragraph (7) for “a district” substitute “ a court ” and for “districts” substitute “ courts ”.

(4)Omit Article 92 (jurisdiction of magistrates' court in relation to proving execution of arrest warrant).

(5)In Schedule 3 (supervised activity orders)—

(a)in paragraph 1 for “petty sessions district” substitute “ locality ”;

(b)omit paragraph 2(1);

(c)omit paragraph 3(4);

(d)in paragraph 5(2) omit “having jurisdiction in the place where the offender is arrested”;

(e)omit paragraph 6(2);

(f)in paragraph 6(4) for heads (a) and (b) substitute “ give a copy of the amending order to the supervising officer ”;

(g)omit paragraph 6(5);

(h)in paragraph 8(1)(b) omit the words from “having jurisdiction” to the end.

The Marine and Coastal Access Act 2009 (c. 23)

(137)In Schedule 17 (warrants) in paragraph 10(2)(b) omit “for the petty sessions district in which the dwelling is situated”.

The Coroners and Justice Act 2009 (c. 25)

(138)

(1)In section 77(6) (anonymity in investigations) omit “for the petty sessions district in which the application for an investigation anonymity order is made”.

(2)In section 79(6)(b) (appeal against refusal of investigation anonymity order) omit “of the county court division in which the appeal is made”.

The Terrorism Prevention and Investigation Measures Act 2011 (c. 23)

(139)In Schedule 5 (powers of entry) in paragraph 9(16)(b) for the words from “for the petty sessions district” to the end substitute “ of petty sessions ”.

The Caravans Act (Northern Ireland) 2011 (c. 12)

(140)

(1)In section 6(1) (jurisdiction) omit “for the county court division in which the protected site is situated”.

(2)In section 10(1) (jurisdiction) omit “for the county court division in which the caravan site is situated”.

The Welfare of Animals Act (Northern Ireland) 2011 (c. 16)

(141)In Schedule 3 (powers or entry) in paragraph 3(9) omit the words from “for the petty sessions district” to the end.

The Justice Act (Northern Ireland) 2011 (c. 24)

(142)

(1)In section 46(3) (banning orders: additional requirements) omit “acting for the same county court division as that court”.

(2)In section 47(6) (termination of banning orders) omit “acting for the same county court division as that court”.

(3)Omit section 54 (breach of licence conditions by sex offenders).

(4)In section 91 (bail: compassionate grounds)—

(a)in subsection (1) for “the appropriate court” substitute “any magistrates' court”;

(b)in subsection (2) for “appropriate court” substitute “magistrates' court”;

(c)omit subsection (4).

The Justice Act (Northern Ireland) 2015 (c. )

(143)In section 93 (Public Prosecutor's summons)—

(a)in subsection (1) omit “for any county court division” and “in respect of which a magistrates' court for that county court division has jurisdiction to hear a charge” and for “that court” substitute “a magistrates' court”;

(b)omit subsection (2);

(c)in subsection (3) omit “for any county court division” and the words from “into which” to “preliminary inquiry” and for “before that” substitute “ before a ”.

The Serious Crime Act 2015 (c. 9)

(144)In Schedule 2 in paragraph 11(2)(c) omit “for the petty sessions district in which the lay magistrate was acting when he or she issued the warrant”.

Schedule 3 · Disclosure of information: victim and witness support services and victim information schemes

Disclosure by police to body providing support services for victims

(1)

(1)A police officer or member of the police support staff may disclose relevant information relating to a victim to a prescribed body for the purpose of enabling that body to advise the victim about support services provided by the body, or offer or provide support services to the victim.

(2)For the purposes of this paragraph—• “relevant information relating to a victim” means—(a) the name and address of the victim;(b) any telephone number or e-mail address at which the victim may be contacted; and(c) such other information relating to the victim or the criminal conduct concerned as it appears to the police officer or member of the police support staff to be appropriate to disclose for the purpose mentioned in sub-paragraph (1);• “support services” means services involving the provision of information, advice, support or any other form of assistance to victims.

Disclosure by Public Prosecution Service to body providing support services for witnesses

(2)

(1)Where the Director of Public Prosecutions has the conduct of criminal proceedings, a member of staff of the Public Prosecution Service may disclose relevant information relating to a witness for the prosecution in those proceedings to a prescribed body for the purpose of enabling that body to advise the witness about support services provided by the body, or offer or provide support services to the witness.

(2)For the purposes of this paragraph—

(a)“relevant information relating to a witness” means—

(i)the name and address of the witness;

(ii)the age of the witness;

(iii)any telephone number or e-mail address at which the witness may be contacted; and

(iv)such other information relating to the witness or the proceedings concerned as it appears to the member of staff of the Public Prosecution Service to be appropriate to disclose for the purpose mentioned in sub-paragraph (1).

(3)In this paragraph—• “support services” means services involving the provision of information, advice, support or any other form of assistance to prosecution witnesses in criminal proceedings;• “prosecution witness”, in relation to any criminal proceedings, means a person who has been or may be called to give evidence for the prosecution in such proceedings.

Disclosure by Public Prosecution Service for purposes of victim information schemes

(3)

(1)A member of staff of the Public Prosecution Service may disclose relevant information relating to a victim to the Department for the purpose of enabling the Department to provide information and advice to the victim in connection with—

(a)a scheme under section 68 of the Justice (Northern Ireland) Act 2002 (prisoner release victim information scheme); or

(b)a scheme under section 69A of the Justice (Northern Ireland) Act 2002 (victims of mentally disordered offenders information scheme).

(2)A member of staff of the Public Prosecution Service may disclose relevant information relating to a victim to the Board for the purpose of enabling the Board to provide information and advice to the victim in connection with a scheme under Article 25 of the Criminal Justice (Northern Ireland) Order 2005 (the Probation Board for Northern Ireland victim information scheme).

(3)For the purposes of this paragraph “relevant information relating to a victim” means—

(a)the name and address of the victim;

(b)any telephone number or e-mail address at which the victim may be contacted;

(c)details of the criminal conduct concerned; and

(d)such other information relating to the victim or the criminal conduct concerned as it appears to the member of staff of the Public Prosecution Service to be appropriate to disclose for the purpose mentioned in sub-paragraph (1).

Unauthorised disclosure of information

(4)

(1)If a person to whom this paragraph applies discloses without lawful authority any information—

(a)acquired in the course of that person's employment,

(b)which is, or is derived from, information provided under this Schedule, and

(c)which relates to a particular person,

that person is guilty of an offence.

(2)This paragraph applies to any person who is—

(a)employed in a body prescribed under paragraph 1 or 2 or in the provision of services to such a body;

(b)employed in the Department or in the provision of services to the Department; or

(c)employed by the Board or in the provision of services to the Board.

(3)It is not an offence under this paragraph to disclose information which has previously been disclosed to the public with lawful authority.

(4)It is a defence for a person charged with an offence under this paragraph to show that at the time of the alleged offence—

(a)that person believed that the disclosure in question was made with lawful authority and had no reasonable cause to believe otherwise; or

(b)that person believed that the information in question had previously been disclosed to the public with lawful authority and had no reasonable cause to believe otherwise.

(5)A person who is guilty of an offence under this paragraph is liable—

(a)on summary conviction, to a fine not exceeding the statutory maximum;

(b)on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.

(6)For the purposes of this paragraph a disclosure of information by a person is to be regarded as made with lawful authority if, and only if, it is made—

(a)in the course of and for the purposes of that person's employment in a prescribed body;

(b)in accordance with that person's official duty as a civil servant or as an employee of the Board;

(c)in accordance with an authorisation given by the Department, the Board or the prescribed body;

(d)in accordance with any statutory provision or order of a court;

(e)for the purposes of any criminal proceedings; or

(f)with the consent of the person to whom the information relates.

(7)In this paragraph “employment”—

(a)includes employment as a volunteer; and

(b)in relation to a particular person, shall be construed in accordance with sub-paragraph (2).

Saving for other powers of disclosure

(5)Nothing in this Schedule affects any power to disclose information that exists apart from this Schedule

Interpretation

(6)

(1)In this Schedule—• “the Board” means the Probation Board for Northern Ireland;• “prescribed” means prescribed by regulations made by the Department.

(2)Section 29 (meaning of victim and related terms) applies for the purposes of this Schedule as it applies for the purposes of section 28.

Schedule 4 · Schedule inserted as schedule 8A to the police act 1997

Schedule 5 · Amendments: criminal records

The Police Act 1997(c. 50)

(1)

(1)Section 113A (criminal record certificates) is amended as follows.

(2)In subsection (4) for “the registered person who countersigned” substitute “ whoever acted as the registered person in relation to ”.

(3)After subsection (8) insert—“9 For the purposes of this Part a person acts as the registered person in relation to an application for a criminal record certificate if the person—a countersigns the application, orb transmits the application to the Department under subsection (2A).”

(2)

(1)Section 113B (enhanced criminal record certificates) is amended as follows.

(2)In subsection (6) for “the registered person who countersigned” substitute “ whoever acted as the registered person in relation to ”.

(3)After subsection (11) insert—“12 For the purposes of this Part a person acts as the registered person in relation to an application foran enhanced criminal record certificate if the person—a countersigns the application, orb transmits the application to the Department under subsection (2A).”

(3)In section 113BC(1) (suitability information: power to amend) after paragraph (b) insert—“c amend section 120AC(4)(b) in consequence of an order made under paragraph (a) or (b).”

(4)In section 114(3) (application of other provisions of Part 5 to an application under that section) for “Section 113A(3) to (6)” substitute “ Sections 113A(3) to (6), 120AC and 120AD ”.

(5)In section 116(3) (application of other provisions of Part 5 to an application under that section) for “and 113BA to 113BC” substitute “ , 113BA to 113BC, 120AC and 120AD ”.

(7)

(1)Section 118 (evidence of identity) is amended as follows.

(2)In subsection (1)—

(a)after “consider” insert “ an application as mentioned in section 116A(4)(a) or (5)(a) or ”, and

(b)after “117” insert “ , 117A ”.

(3)After subsection (3) insert—“3A The Department by notice given in writing may require a person who has a certificate which is subject to up-date arrangements under section 116A to attend at a place and time specified in the notice to provide fingerprints for the sole purpose of enabling the Department to verify whether information in the possession of the Department that the Department considers may be relevant to the person's certificate does relate to that person.3B If a person fails to comply with a requirement imposed under subsection (3A), the Department by notice given in writing may inform that person that, from a date specified in the notice, the person's certificate is to cease to be subject to up-date arrangements.”

(4)In subsection (4) after “117” insert “ or 117A ”.

(8)

(1)Section 119 (sources of information) is amended as follows.

(2)In subsection (1A), after paragraph (a) (but before the word “or” at the end of the paragraph) insert—“aa the provision of up-date information under section 116A;”

(3)In subsection (1B) for the words from “determining” to the end substitute “ deciding whether to make a request to that chief officer under section 113B(4) ”.

(4)After subsection (2) insert—“2A Where, in connection with the provision of up-date information under section 116A, the chief officer of a police force receives a request for information of the kind mentioned in section 113B(4), the chief officer of police must comply with it as soon as practicable.”

(5)In subsection (4) at the end of paragraph (a), after “registration;” insert—“aa any application as mentioned in section 116A(4)(a) or (5)(a);”

(6)In subsection (8) at the end of paragraph (a) insert—“aa under this Part in relation to any request under section 116A(1);”

(9)

(1)Section 119B (independent monitor) is amended as follows.

(2)Omit subsection (5)(a).

(3)In subsection (5)(c) omit the words from “or disclosed” to the end.

(4)After subsection (5)(c) insert—“ca a sample of cases in which the chief officer of a police force has decided that information should be disclosed or not disclosed to the Department for the purpose of the provision by the Department of up-date information under section 116A;”

(5)After subsection (8) insert—“8A The independent monitor has the functions conferred on the monitor by section 117A.”

(6)In subsection (9) after “section” insert “ or section 117A ”.

(10)

(1)Section 120 (registered persons) is amended as follows.

(2)In subsection (2)—

(a)for the words from the beginning to “the”, where it first occurs, substitute “ The ”,

(b)after paragraph (a) insert “ and ”, and

(c)omit paragraph (c) and the word “and” before it.

(3)After that subsection insert—“2A Subsection (2) is subject to—a regulations under section 120ZA,b section 120A, andc section 120AA and regulations made under that section.”

(4)In subsection (5)(b) for “countersign” substitute “ act as the registered person in relation to ”.

(11)

(1)Section 120ZA (regulations about registration) is amended as follows.

(2)In subsection (2)(d) after “this Part” insert “ or the transmitting of applications under section 113A(2A) or 113B(2A) ”.

(3)In subsection (4)—

(a)in paragraph (a) for “he countersigns” substitute “ acting as the registered person in relation to ”, and

(b)in paragraph (b) for “registered person who countersigns it” substitute “ person who acts as the registered person in relation to the application ”.

(12)In section 120A(4) (provision of information about suitability of registered persons)—

(a)in paragraph (b)(iii) for “the countersigning of applications by a particular applicant for registration or by a particular registered person” substitute “ a particular applicant for registration, or a particular registered person, acting as the registered person in relation to applications under this Part ”, and

(b)in paragraph (c) for “the countersigning of” substitute “ a person acting as the registered person in relation to ”.

(13)

(1)Section 120AA (refusal, cancellation or suspension of registration on other grounds) is amended as follows.

(2)In subsection (1) for “countersign” substitute “ act as the registered person in relation to ”.

(3)In subsection (2)—

(a)in paragraph (a) for “countersign” substitute “ act as the registered person in relation to ”, and

(b)in paragraph (b) for “countersigned” substitute “ acted as the registered person in relation to ”.

(14)In section 120AB(8)(a) (exception from procedure for cancellation or suspension) for “countersigning” substitute “ acting as the registered person in relation to ”

(15)

(1)Section 122 (code of practice) is amended as follows—

(2)After subsection (1) insert—“1A The reference in subsection (1) to the use of information provided to registered persons under this Part includes a reference to the use of information provided in accordance with section 116A(1) to relevant persons (within the meaning of that section) who are not registered persons under this Part.”

(3)In subsection (3)—

(a)for “registered person who countersigned” substitute “ person who acted as the registered person in relation to ”, and

(b)in paragraph (b) for “countersigned” substitute “ acted as the registered person ”.

(4)Omit subsection (3A)(a).

(16)

(1)Section 124 (offences: disclosure) is amended as follows.

(2)In subsection (1)(b) and (c) for “countersigned” substitute “ acted as the registered person in relation to ”.

(3)In subsection (2) for “countersigned” substitute “ in relation to which the person who acted as the registered person did so ”.

(4)In subsection (3) for “countersigned by or at the request of an individual” substitute “ in relation to which an individual acted as the registered person, or in relation to which the person who acted as the registered person did so at the request of an individual ”.

(5)In subsection (4)—

(a)in paragraph (b) omit “(5) or”, and

(b)for “subsections (5) and (6)” substitute “ subsection (6) ”.

(6)Omit subsection (5).

(17)

(1)Section 124A (offences relating to disclosure of information obtained in connection with delegated function) is amended as follows.

(2)In subsection (1)(c) omit “or registered person”.

(3)After subsection (6) insert—“6A For the purposes of this section the reference to an applicant includes a person who makes a request under section 116A(1), 120AC(1) or 120AD(2).”

(18)After section 125B(2) (form of applications) insert—“3 In this section “application” includes a request under section 116A(1), 120AC(1) or 120AD(2).”

(19)

(1)In section 126(1) (interpretation of Part 5) is amended as follows.

(2)In the definition of “certificate”, after “application” insert “but does not include any documents issued in response to—

(a)a request under section 116A(1),

(b)an application as mentioned in section 116A(4)(a) or (5)(a), or

(c)a request under section 120AC or 120AD.”.

(3)After the definition of “chief officer” insert—““the Department” means the Department of Justice in Northern Ireland;”

The Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (NI 11)

(20)

(1)Paragraph 19 of Schedule 1 (barred lists: information) is amended as follows.

(2)In sub-paragraph (1)(c) for “chief officer of a relevant police force” substitute “ relevant chief officer ”.

(3)In sub-paragraph (3) after “which the” insert “ relevant ”.

(4)In sub-paragraph (5) for “chief officer of the relevant police force” substitute “ relevant chief officer ”.

(5)In sub-paragraph (7) for the definition of “relevant police force” substitute—““the relevant chief officer” means any chief officer of a police force who is identified by the Secretary of State for the purposes of this paragraph;”

(6)After sub-paragraph (7) insert—“7A Subsections (10) and (11) of section 113B of the Police Act 1997 apply for the purposes of the definition of “the relevant chief officer” as they apply for the purposes of that section.”

(7)In sub-paragraph (8) for “which police forces are relevant police forces” substitute “ who is the relevant chief officer ”.

Schedule 6 · Amendments: serious physical harm to child or vulnerable adult

The Law Reform (Year and a Day Rule) Act 1996 (c. 19)

(1)In section 2 (restriction on institution of proceedings for fatal offence) in subsection (3)(c) for “(causing or allowing the death of a child or vulnerable adult)” substitute “ of causing or allowing the death of a child or vulnerable adult ”.

The Sexual Offences Act 2003 (c. 42)

(2)In Schedule 5 (offences for purposes of making sexual offences prevention orders) in paragraph 171A for “the death of a child or vulnerable adult” substitute “ a child or vulnerable adult to die or suffer serious physical harm ”.

The Domestic Violence, Crime and Victims Act 2004 (c. 28)

(3)

(1)For the heading of section 7 substitute “ Evidence and procedure in cases of death: Northern Ireland ”.

(2)In section 7(5) after “section 5” insert “ of causing or allowing a person's death ”.

(3)After section 7 insert—“7A 1 Subsections (3) to (5) apply where a person (“the defendant”) is charged in the same proceedings with a relevant offence and with an offence under section 5 in respect of the same harm (“the section 5 offence”).2 In this section “relevant offence” means—a an offence under section 18 or 20 of the Offences against the Person Act 1861 (grievous bodily harm etc.);b an offence under Article 3 of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 of attempting to commit murder.3 Where by virtue of Article 4(4) of the Criminal Evidence (Northern Ireland) Order 1988 a court or jury is permitted, in relation to the section 5 offence, to draw such inferences as appear proper from the defendant's failure to give evidence or refusal to answer a question, the court or jury may also draw such inferences in determining whether the defendant is guilty of a relevant offence, even if there would otherwise be no case for the defendant to answer in relation to that offence.4 Where a magistrates' court is considering under Article 37 of the Magistrates' Courts (Northern Ireland) Order 1981 whether to commit the defendant for trial for the relevant offence, if there is sufficient evidence to put the defendant on trial for the section 5 offence there is deemed to be sufficient evidence to put the defendant on trial for the relevant offence.5 The power of a judge of the Crown Court under section 2(3) of the Grand Jury (Abolition) Act (Northern Ireland) 1969 (entry of “No Bill”)is not to be exercised in relation to a relevant offence unless it is also exercised in relation to the section 5 offence.6 At the defendant's trial the question whether there is a case for the defendant to answer on the charge of the relevant offence is not to be considered before the close of all the evidence (or, if at some earlier time the defendant ceases to be charged with the section 5 offence, before that earlier time).”

The Criminal Justice (Northern Ireland) Order 2008 (NI 1)

(4)In Part 1 of Schedule 2 (specified violent offences) in paragraph 30 for “the death of a child or vulnerable adult” substitute “ a child or vulnerable adult to die or suffer serious physical harm ”.

Schedule 7 · Domestic violence protection notices and orders

Power to issue a domestic violence protection notice

Contents and service of a domestic violence protection notice

Breach of a domestic violence protection notice

Application for a domestic violence protection order

Conditions for and contents of a DVPO

Breach of a DVPO

Further provision about remand

Guidance

Interpretation

Pilot schemes

(10)

(1)The Department may by order provide for any provision of paragraphs 1 to 9 to come into operation for a period of time to be specified in or under the order for the purpose of assessing the effectiveness of the provision.

(2)Such an order may make different provision for different areas.

(3)More than one order may be made under this paragraph.

(4)Provision included in an order under this paragraph does not affect the provision that may be included in relation to paragraphs 1 to 9 in an order under section 106.

Schedule 8 · Transitional provisions and savings

Part 1: Saving for jurisdiction conferred by other statutory provisions

(1)Nothing in Part 1 affects any jurisdiction conferred by any other statutory provision on a county court or magistrates' court as regards matters arising outside Northern Ireland.

Part 1: Lay magistrates

(2)A person who, immediately before section 4 comes into operation, was a lay magistrate for a county court division shall be treated as having been appointed under section 4 as a lay magistrate for the administrative court division which—

(a)is specified in the first directions given under section 2 as an administrative court division for all or the residual purposes of a magistrates' court; and

(b)contains the whole or the largest part of the county court division for which the lay justice was appointed.

Part 1: Justices of the peace

(3)A person who, immediately before section 5 comes into operation, was a justice of the peace for a county court division shall be treated as having been appointed under section 5(2) as a justice of the peace for Northern Ireland.

Part 2: Committal proceedings

(4)A provision in Part 2 does not apply in relation to proceedings instituted before the coming into operation of that provision; and for this purpose proceedings are to be taken to be instituted—

(a)where—

(i)a summons or warrant is issued under Article 20 of the Magistrates' Courts (Northern Ireland) Order 1981, or

(ii)a summons is issued under section 93,

when the complaint for the offence is made;

(b)where a person is charged with the offence after being taken into custody without a warrant, when that person is informed of the particulars of the charge;

(c)where an indictment is presented under the authority of section 2(2)(c), (d), (e) or (f) of the Grand Jury (Abolition) Act (Northern Ireland) 1969, when the indictment is presented to the court;

and where the application of this paragraph would result in there being more than one time for the institution of the proceedings, they shall be taken to have been instituted at the earliest of those times.

Part 3: Prosecutorial fines

(5)Part 3 applies in relation to an offence alleged to have been committed before as well as after the coming into operation of that Part.

Part 7: Live links

(6)

(1)Subject to sub-paragraph (2), Part 7 applies to proceedings commenced before as well as after the coming into operation of that Part.

(2)Section 52 does not apply in relation to a witness in any proceedings if an application for a direction under Article 10 of the Criminal Justice (Northern Ireland) Order 2004 has been refused in respect of that witness in those proceedings.

Part 9: DNA profiles or fingerprints

(7)The amendment made by section 86 applies even where the event referred to in paragraph (1)(b) of the substituted Article 63N of the Police and Criminal Evidence (Northern Ireland) Order 1989 occurs before the day on which that section comes into operation.

Part 9: Early guilty pleas

(8)Section 88 does not apply in relation to an offence committed before the coming into operation of that section.

Part 9: Meeting a child following sexual grooming etc.

(9)Section 89 does not apply in a case in which person A met or communicated with person B only once before the event mentioned in Article 22(1)(a)(i) to (iii) of the Sexual Offences (Northern Ireland) Order 2008, if that meeting or communication took place before the coming into operation of that section.'.

1Single jurisdiction: abolition of county court divisions and petty sessions districts#

2Administrative court divisions#

3Directions as to distribution of business#

4Lay magistrates#

5Justices of the peace#

6Consequential amendments#

36Disclosure for purposes of victim and witness support services and victim information schemes#

28The Victim Charter#

29Meaning of victim#

30The Witness Charter#

31Procedure for issuing Charters#

32Effect of non compliance#

33Persons to be afforded opportunity to make victim statement#

34Supplementary statement#

35Use of victim statement#

37Restriction on information provided to certain persons#

38Minimum age for applicants for certificates or to be registered#

39Additional grounds for refusing an application to be registered#

40Enhanced criminal record certificates: additional safeguards#

41Review of criminal record certificates#

44Electronic transmission of applications#

45Disclosures by Department of Justice to Disclosure and Barring Service#

46Inclusion of cautions and other diversionary disposals in criminal records#

47Consequential amendments#

48Child protection disclosures#

49Live links: accused at committal proceedings#

51Live links: proceedings for failure to comply with certain orders or licence conditions#

53Live links: witnesses outside the United Kingdom#

54Live links: patients detained in hospital under Mental Health Order#

71Offences#

72Supply of information to relevant Northern Ireland departments or Secretary of State#

73Supply of information by relevant Northern Ireland departments or Secretary of State#

74Information about release or transfer#

75Power of entry and search of offender's home address#

76Interpretation of this Part#

64Offenders subject to notification requirements#

65Notification requirements: initial notification#

66Notification requirements: changes#

67Notification requirements: periodic notification#

68Notification requirements: absence from notified residence#

69Notification requirements: travel outside the United Kingdom#

70Method of notification and related matters#

55Violent offences prevention orders#

56Violent offences prevention order made on conviction, etc.#

57Violent offences prevention order made on application of Chief Constable#

58Qualifying offenders#

59Provisions that violent offences prevention orders may contain#

60Variation, renewal or discharge of violent offences prevention orders#

61Interim violent offences prevention orders#

62Notice of applications#

63Appeals#

101Amendment to Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015#

92Case management regulations#

96Causing or allowing child or vulnerable adult to suffer serious physical harm#

95Powers of court security officers#

94Defence access to premises#

97Domestic violence protection notices and orders#

88Sentencing court to indicate sentence which would have been imposed if guilty plea entered at earliest reasonable opportunity#

77Removal of maximum age for jury service#

78Preparation of jury lists#

79Persons disqualified for jury service#

80Persons ineligible for jury service#

81Persons excusable as of right from jury service#

93Public Prosecutor's summons#

100Salary of Lands Tribunal members#

89Meeting a child following sexual grooming etc.#

90Sexual communication with a child#

98Aims of youth justice system#

99Amendment to section 10 of the Criminal Justice Act (Northern Ireland) 2013#

102Regulations, orders and directions#

103Interpretation#

104Transitional provisions, etc.#

105Repeals#

106Commencement#