OpenLegislation

Justice Act (Northern Ireland) 2011

2011 nia 24 · Enacted 4 May 2011 · Extends to Northern Ireland

Not fully up to date. 1 change made by later legislation has not yet been written into this text, which is revised to 1 June 2018.

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ProvisionChangeMade by
s. 6(3)words addedJustice Act (Northern Ireland) 2015 s. 19(7)

An Act to make provision for an offender levy; to amend the law relating to measures for vulnerable and intimidated witnesses and live links; to make provision for policing and community safety partnerships; to make provision regulating certain sporting events; to amend the law relating to the treatment of offenders; to make provision for penalty notices and conditional cautions; to amend the law on legal aid; to confer additional rights of audience on certain solicitors; to amend the law on bail; to make other amendments relating to the administration of civil and criminal justice; and for connected purposes.

[4th May 2011]

BE IT ENACTED by being passed by the Northern Ireland Assembly and assented to by Her Majesty as follows:

Contents

  1. Part 1: VICTIMS AND WITNESSES
  2. Chapter 1: THE OFFENDER LEVY
  3. Offender levy imposed by court
  4. 1Offender levy imposed by court
  5. 2Enforcement and treatment of offender levy imposed by court
  6. 3Deduction of offender levy imposed by court from prisoner's earnings
  7. 4Offender levy imposed by court: other supplementary provisions
  8. Offender levy on certain penalties
  9. 5Offender levy on certain penalties
  10. Amount of the offender levy
  11. 6Amount of the offender levy
  12. Chapter 2: VULNERABLE AND INTIMIDATED WITNESSES
  13. Special measures for vulnerable and intimidated witnesses
  14. 7Eligibility for special measures: age of child witnesses
  15. 8Special measures directions for child witnesses
  16. 9Special provisions relating to sexual offences
  17. 10Evidence by live link: presence of supporter
  18. 11Video-recorded evidence in chief: supplementary testimony
  19. Evidence of certain accused persons
  20. 12Examination of accused through intermediary
  21. Witnesses protected from cross-examination by accused in person
  22. 13Age of child complainant
  23. Part 2: LIVE LINKS
  24. 14Live links for patients detained in hospital Repealed
  25. 15Live links at preliminary hearings in the High Court
  26. 16Live links at preliminary hearing on appeals to the county court
  27. 17Live link in sentencing hearing on appeals to the county court
  28. 18Live links in the Court of Appeal
  29. 19Live link direction for vulnerable accused or appellant
  30. Part 3: POLICING AND COMMUNITY SAFETY PARTNERSHIPS
  31. Establishment of PCSPs and DPCSPs
  32. 20Establishment of PCSPs and DPCSPs
  33. Functions of PCSPs and DPCSPs
  34. 21Functions of PCSP
  35. 22Functions of DPCSP
  36. 23Code of practice for PCSPs and DPCSPs
  37. Annual reports
  38. 24Annual report by PCSP to council
  39. 25Annual report by Belfast PCSP to council
  40. 26Annual report by DPCSPs to principal PCSP
  41. Other reports by PCSPs and DPCSPs
  42. 27Reports by PCSP to joint committee
  43. 28Reports by Belfast PCSP to joint committee
  44. 29Reports by DPCSP to principal PCSP
  45. Policing committee reports
  46. 30Reports by policing committees to Policing Board
  47. 31Reports by policing committee of Belfast PCSP to Policing Board
  48. 32Reports by policing committee of DPCSP to policing committee of principal PCSP
  49. Miscellaneous
  50. 33Other community policing arrangements
  51. 34Functions of joint committee and Policing Board
  52. Part 4: SPORT
  53. Chapter 1: REGULATED MATCHES
  54. 35Regulated matches
  55. Chapter 2: CONDUCT AT REGULATED MATCHES
  56. 36Throwing of articles capable of causing injury
  57. 37Chanting
  58. 38Going onto the playing area
  59. 39Possession of fireworks, flares, etc.
  60. Chapter 3: ALCOHOL ON VEHICLES TRAVELLING TO REGULATED MATCHES
  61. 40Offences in connection with alcohol on vehicles
  62. Chapter 4: BANNING ORDERS IN RELATION TO REGULATED MATCHES
  63. 41Banning orders: making on conviction
  64. 42Banning orders: content
  65. 43Banning orders: supplementary
  66. 44Banning orders: “violence” and “disorder”
  67. 45Banning orders: duration
  68. 46Banning orders: additional requirements
  69. 47Termination of banning orders
  70. 48Information about banning orders
  71. 49Failure to comply with banning order
  72. Chapter 5: ENFORCEMENT
  73. 50Powers of enforcement
  74. Part 5: TREATMENT OF OFFENDERS
  75. 51Increase in maximum term of imprisonment for common assault or battery
  76. 52Penalty for certain knife offences
  77. 53Extension of maximum period of deferment of sentence
  78. 54Breach of licence conditions by sex offenders Repealed
  79. 55Sexual offences: closure orders Not yet in force
  80. 56Financial reporting orders
  81. 57Dangerous offenders: serious and specified offences
  82. 58Supervised activity order in respect of certain financial penalties Not yet in force
  83. Part 6: ALTERNATIVES TO PROSECUTION
  84. Chapter 1: PENALTY NOTICES
  85. Penalty offences and penalties
  86. 59Penalty offences and penalties
  87. Penalty notices
  88. 60Penalty notices
  89. 61Form of penalty notice
  90. 62Effect of penalty notice
  91. 63General restriction on prosecution
  92. 64Guidance
  93. Procedure
  94. 65Payment of penalty
  95. 66Registration certificates
  96. 67Registration of penalty
  97. 68Challenge to notice
  98. 69Setting aside of sum enforceable under section 67
  99. Interpretation
  100. 70Interpretation of this Chapter
  101. Chapter 2: CONDITIONAL CAUTIONS Not yet in force
  102. 71Conditional cautions Not yet in force
  103. 72The five requirements Not yet in force
  104. 73Variation of conditions Not yet in force
  105. 74Failure to comply with conditions Not yet in force
  106. 75Arrest for failure to comply Not yet in force
  107. 76Application of PACE provisions Not yet in force
  108. 77Code of practice Not yet in force
  109. 78Powers of Probation Board Not yet in force
  110. 79Interpretation of this Chapter Not yet in force
  111. Part 7: LEGAL AID, ETC.
  112. 80Eligibility for criminal legal aid Not yet in force
  113. 81Order to recover costs of legal aid
  114. 82Eligibility of persons in receipt of guarantee credit Repealed
  115. 83Legal aid for certain bail applications
  116. 84Financial eligibility for grant of right to representation Not yet in force
  117. 85Litigation funding agreements Not yet in force
  118. 86Civil legal services: scope
  119. 87Enhanced legal aid fees for certain solicitors Not yet in force
  120. Part 8: SOLICITORS' RIGHTS OF AUDIENCE
  121. 88Authorisation of Society conferring additional rights of audience Not yet in force
  122. 89Rights of audience of solicitors Not yet in force
  123. 90Consequential and supplementary provisions
  124. Part 9: MISCELLANEOUS
  125. 91Bail: compassionate grounds
  126. 92Bail: repeat application Not yet in force
  127. 93Possession of offensive weapon with intent to commit an offence
  128. 94Power of Department to make payments in relation to prevention of crime, etc.
  129. 95Publication of material relating to legal proceedings Not yet in force
  130. 96Membership of Crown Court Rules Committee
  131. 97Membership of Court of Judicature Rules Committee
  132. 98Funds in court: investment fees or expenses
  133. 99Appeals from Crown Court: Proceeds of Crime Act 2002
  134. 100Witness summons in magistrates' court
  135. 101Criminal conviction certificates to be given to employers Not yet in force
  136. 102Accounts of the Law Commission
  137. 103Variation of firearms certificate Repealed
  138. 104Restrictions on use of shotguns by young persons Not yet in force
  139. 105Restrictions on possession of air guns by young persons Not yet in force
  140. Part 10: SUPPLEMENTARY PROVISIONS
  141. 106Supplementary, incidental, consequential and transitional provision, etc
  142. 107Regulations and orders
  143. 108Interpretation
  144. 109Transitional provisions and savings
  145. 110Minor and consequential amendments and repeals
  146. 111Commencement
  147. 112Short title
  148. Schedule 1: POLICING AND COMMUNITY SAFETY PARTNERSHIPS
  149. Interpretation
  150. 1Paragraph 1
  151. Composition
  152. 2Paragraph 2
  153. Political members
  154. 3Paragraph 3
  155. Independent members
  156. 4Paragraph 4
  157. 5Paragraph 5
  158. 6Paragraph 6
  159. Representatives of designated organisations
  160. 7Paragraph 7
  161. Removal of members
  162. 8Paragraph 8
  163. Disqualification
  164. 9Paragraph 9
  165. Chair and vice-chair
  166. 10Paragraph 10
  167. Procedure of PCSP
  168. 11Paragraph 11
  169. Policing committee: constitution
  170. 12Paragraph 12
  171. Policing committee: procedure
  172. 13Paragraph 13
  173. Other committees
  174. 14Paragraph 14
  175. Indemnities
  176. 15Paragraph 15
  177. Insurance against accidents
  178. 16Paragraph 16
  179. Expenses
  180. 17Paragraph 17
  181. Finance
  182. 18Paragraph 18
  183. Validity of proceedings
  184. 19Paragraph 19
  185. Disclosure of pecuniary interests, family connections, etc.
  186. 20Paragraph 20
  187. Joint PCSPs
  188. 21Paragraph 21
  189. Belfast PCSP
  190. 22Paragraph 22
  191. Schedule 2: DISTRICT POLICING AND COMMUNITY SAFETY PARTNERSHIPS
  192. Interpretation
  193. 1Paragraph 1
  194. Composition
  195. 2Paragraph 2
  196. Political members
  197. 3Paragraph 3
  198. Independent members
  199. 4Paragraph 4
  200. 5Paragraph 5
  201. 6Paragraph 6
  202. Representatives of designated organisations
  203. 7Paragraph 7
  204. Removal of members
  205. 8Paragraph 8
  206. Disqualification
  207. 9Paragraph 9
  208. Chair and vice-chair
  209. 10Paragraph 10
  210. Procedure of DPCSP
  211. 11Paragraph 11
  212. Policing committee: constitution
  213. 12Paragraph 12
  214. Policing committee: procedure
  215. 13Paragraph 13
  216. Other committees
  217. 14Paragraph 14
  218. Indemnities
  219. 15Paragraph 15
  220. Insurance against accidents
  221. 16Paragraph 16
  222. Expenses
  223. 17Paragraph 17
  224. Finance
  225. 18Paragraph 18
  226. Validity of proceedings
  227. 19Paragraph 19
  228. Disclosure of pecuniary interests, family connections, etc.
  229. 20Paragraph 20
  230. Schedule 3: REGULATED MATCHES
  231. 1Paragraph 1
  232. Association football
  233. 2Paragraph 2
  234. 3Paragraph 3
  235. 4Paragraph 4
  236. 5Paragraph 5
  237. Gaelic games
  238. 6Paragraph 6
  239. 7Paragraph 7
  240. Rugby union
  241. 8Paragraph 8
  242. 9Paragraph 9
  243. Schedule 4PENALTY OFFENCES AND PENALTIES
  244. Schedule 5: ENHANCED LEGAL AID FEES FOR CERTAIN SOLICITORS Not yet in force
  245. Power to provide for enhanced fee Not yet in force
  246. 1Paragraph 1 Not yet in force
  247. Accreditation of solicitors Not yet in force
  248. 2Paragraph 2 Not yet in force
  249. Duties of solicitor Not yet in force
  250. 3Paragraph 3 Not yet in force
  251. Regulations Not yet in force
  252. 4Paragraph 4 Not yet in force
  253. Consequential amendments Not yet in force
  254. 5Paragraph 5 Not yet in force
  255. Interpretation Not yet in force
  256. 6Paragraph 6 Not yet in force
  257. Schedule 6: TRANSITIONAL AND SAVING PROVISIONS
  258. Offender levy
  259. 1Paragraph 1
  260. Vulnerable and intimidated witnesses
  261. 2Paragraph 2
  262. Banning orders
  263. 3Paragraph 3
  264. Increase in penalties
  265. 4Paragraph 4
  266. Conditions of sex offender licence
  267. 5Paragraph 5
  268. Serious and specified offences
  269. 6Paragraph 6
  270. Alternatives to prosecution
  271. 7Paragraph 7
  272. Witness summonses
  273. 8Paragraph 8
  274. Accounts of the Law Commission
  275. 9Paragraph 9
  276. Schedule 7: MINOR AND CONSEQUENTIAL AMENDMENTS
  277. The Vagrancy Act 1824 (c. 83)
  278. 1Paragraph 1
  279. The Judicature (Northern Ireland) Act 1978 (c. 23)
  280. 2Paragraph 2
  281. The Magistrates' Courts (Northern Ireland) Order 1981 (NI 26)
  282. 3Paragraph 3
  283. The Commissioner for Complaints (Northern Ireland) Order 1996 (NI 7)
  284. 4Paragraph 4 Repealed
  285. The Road Traffic Offenders (Northern Ireland) Order 1996 (NI 10)
  286. 5Paragraph 5
  287. The Employment Rights (Northern Ireland) Order 1996 (NI 16)
  288. 6Paragraph 6
  289. The Criminal Evidence (Northern Ireland) Order 1999 (NI 8)
  290. 7Paragraph 7
  291. The Police (Northern Ireland) Act 2000 (c. 32)
  292. 8Paragraph 8
  293. The Freedom of Information Act 2000 (c. 36)
  294. 9Paragraph 9
  295. The Local Government (Miscellaneous Provisions) (Northern Ireland) Order 2002 (NI 3)
  296. 10Paragraph 10
  297. The Proceeds of Crime Act 2002 (c. 29)
  298. 11Paragraph 11
  299. The Sexual Offences Act 2003 (c. 42)
  300. 12Paragraph 12
  301. The Anti-social Behaviour (Northern Ireland) Order 2004 (NI 12)
  302. 13Paragraph 13
  303. The Criminal Justice (Northern Ireland) Order 2008 (NI 1)
  304. 14Paragraph 14
  305. The Sexual Offences (Northern Ireland) Order 2008 (NI 2)
  306. 15Paragraph 15
  307. Schedule 8: REPEALS
  308. 1VULNERABLE AND INTIMIDATED WITNESSES
  309. 2POLICING AND COMMUNITY SAFETY PARTNERSHIPS
  310. 3LEGAL AID, ETC. Not yet in force
  311. 4SOLICITORS' RIGHTS OF AUDIENCE Not yet in force
  312. 5MISCELLANEOUS