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The Access to Justice (2003 Order) (Commencement No. 8) Order (Northern Ireland) 2015

S.R. 2015/237 · Made 30 April 2015

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Access To Justice

Made 30th April 2015

Coming into operation 1st May 2015

The Department of Justice makes the following Order in exercise of the powers conferred by Articles 1(2) and 48(1) of the Access to Justice (Northern Ireland) Order 2003f1, and now vested in itf2.

Annotations to the whole text

Footnotes

f1

S.I. 2003/435 (N.I. 10)

f2

S.I. 2010/976

Contents

  1. 1Citation and interpretation
  2. 2Commencement of provisions in the Access to Justice (Northern Ireland) Order 2003
  3. 3Commencement of provisions in the Access to Justice (Northern Ireland) Order 2003
  4. Signature
  5. Schedule 1PROVISIONS OF THE ACCESS TO JUSTICE (NORTHERN IRELAND) ORDER 2003 COMING INTO OPERATION ON 1st MAY 2015
  6. Schedule 2: PROCEEDINGS IN WHICH A RIGHT TO REPRESENTATION MAY BE GRANTED BY THE COURT OF APPEAL
  7. 1Paragraph 1
  8. 2Paragraph 2
  9. 3Paragraph 3
  10. 4Paragraph 4
  11. 5Paragraph 5
  12. 6Paragraph 6
  13. 7Paragraph 7
  14. 8Paragraph 8
  15. Explanatory note

1Citation and interpretation

(1)

This Order may be cited as the Access to Justice (2003 Order) (Commencement No. 8) Order (Northern Ireland) 2015.

(2)

In this Order—

  • “the 1980 Act” means the Criminal Appeal (Northern Ireland) Act 1980f1;

  • “the 1981 Order” means the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981f2;

  • “the 2003 Act” means the Criminal Justice Act 2003f3.

2Commencement of provisions in the Access to Justice (Northern Ireland) Order 2003

(1)

Subject to paragraph (2), the provisions in the Access to Justice (Northern Ireland) Order 2003 specified in Schedule 1 to this Order shall come into operation on 1st May 2015.

(2)

The commencement of the provisions specified in Schedule 1 has effect only in respect of the grant by the Court of Appeal of a right to representation for the proceedings specified in Schedule 2 to this Order.

3Commencement of provisions in the Access to Justice (Northern Ireland) Order 2003

Nothing in the provisions commenced by this Order shall take effect in relation to free legal aid in criminal proceedings under Part 3 of the 1981 Order.

Signature

Sealed with the Official Seal of the Department of Justice on 30th April 2015

L.S.

David Ford

Minister of Justice

Schedule 1PROVISIONS OF THE ACCESS TO JUSTICE (NORTHERN IRELAND) ORDER 2003 COMING INTO OPERATION ON 1st MAY 2015

Provisions of the Access to Justice (Northern Ireland) Order 2003Subject matter of provision
Article 21(1)(b) and (2)Funding of criminal defence services by Department
Article 24(1) and (3) to (5)Representation
Articles 25(1)(a) and (b), (2)(b)(i) and (e) and (f)Individuals to whom right to representation may be granted
Article 26(1) and (8)Grant of representation by court
Article 29Criteria for grant of right to representation
Article 30(1)Selection of representative
Schedule 5, the entries in respect of—Repeals – Extent of repeal
The Criminal Appeal (Northern Ireland) Act 1980Sections 19 and 37, and paragraph 1 in Schedule 1

1

An appeal under Part 1, Part 2 or section 47A of the 1980 Act.

2

An appeal under section 18A of the Domestic Violence, Crime and Victims Act 2004f1.

3

An appeal under Article 8(11) of the Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988f1.

4

An appeal under section 47 of the 2003 Act.

5

Any other appeal to the Court of Appeal under any Northern Ireland legislation (whenever passed or made) from proceedings before the Crown Court.

6

An application for leave in relation to an appeal mentioned in paragraphs 1 to 5.

7

An application made in relation to an acquitted person under section 76 of the 2003 Act.

8

The case of an appellant who is to be retried by virtue of an order under section 6 of the 1980 Act.

Explanatory note

(This note is not part of the Order)

This Order brings into operation on 1st May 2015 certain provisions of the Access to Justice (Northern Ireland) Order 2003 regarding criminal defence services.

The provisions are commenced only in respect of appeals, including applications for leave to appeal, brought under Part 1 (appeal to the Court of Appeal from the Crown Court) and Part 2 (appeal to the Supreme Court from the Court of Appeal) of the Criminal Appeal (Northern Ireland) Act 1980, and the other proceedings specified in Schedule 2 to this Order. There are also consequential repeals of legal aid provisions in the 1980 Act.

Free legal aid in respect of criminal proceedings for cases up to and including the Crown Court will continue to be funded under Part 3 of the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981.