OpenLegislation

Justice Act (Northern Ireland) 2016

2016 nia 21 · Enacted 12 May 2016 · Extends to Northern Ireland

Not fully up to date. 4 changes made by later legislation have not yet been written into this text, which is revised to 27 November 2023.

See the changes not yet applied
ProvisionChangeMade by
s. 57repealedCriminal Justice (Committal Reform) Act (Northern Ireland) 2022 s. 4(11)
s. 44(2)(j)words substitutedData (Use and Access) Act 2025 (Consequential Amendments and Transitional Provision) 2026 Sch. 2 para. 40
s. 44(1)(b)words substitutedData (Use and Access) Act 2025 (Consequential Amendments and Transitional Provision) 2026 Sch. 2 para. 40
s. 44(3)(a)words substitutedData (Use and Access) Act 2025 (Consequential Amendments and Transitional Provision) 2026 Sch. 2 para. 40

An Act to make provision about enforcement of the payment of fines and other penalties; to provide for the appointment and functions of a Prison Ombudsman for Northern Ireland; to amend the law relating to the penalties for certain animal welfare offences, lay visitors for police stations, extreme pornographic and other sexual images, assaults on persons providing ambulance services, the early removal from prison of prisoners liable to removal from the United Kingdom, direct committal for trial, and firearms; and to make provision relating to the costs of the Accountant General of the Court of Judicature.

[12th May 2016]

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

Contents

  1. Part 1: FINES AND OTHER PENALTIES: ENFORCEMENT
  2. Chapter 1: Collection of Fines etc.
  3. Introductory
  4. 1Application of Chapter
  5. Collection officers and orders
  6. 2Collection officers
  7. 3Collection order
  8. 4Additional powers where collection order made
  9. Default on payment
  10. 5Collection officer to contact debtor in default
  11. 6Powers of collection officer in relation to debtor in default
  12. 7Referral to the court: collection officer's report etc.
  13. 8Referral to the court in case where no collection order made
  14. 9Powers of court on referral of debtor's case
  15. 10Power to issue arrest warrant where debtor fails to attend hearing
  16. 11Arrest under warrant under section 10
  17. 12Remand or committal under section 11
  18. 13Costs relating to referral of debtor's case
  19. Deductions from benefits
  20. 14Application for deduction from benefits
  21. 15Deduction from benefits: further provision in regulations
  22. 16Enquiries into debtor's means
  23. 17Disclosure of information
  24. Attachment of earnings
  25. 18Attachment of earnings order
  26. 19Statement of earnings
  27. Freezing bank accounts etc.
  28. 20Interim bank account order
  29. 21Hardship payments
  30. 22Bank account order
  31. Seizure of vehicles
  32. 23Vehicle seizure order
  33. Supplementary
  34. 24Offences
  35. 25Appeals
  36. 26Guidance
  37. 27Interpretation etc.
  38. 28Minor and consequential amendments
  39. Chapter 2: Other enforcement procedures
  40. 29Supervised activity orders
  41. 30Restriction on detention of children for default in paying fines, etc.
  42. 31Distress in default
  43. 32Limitations on remission
  44. Part 2: The Prison Ombudsman For Northern Ireland
  45. The Ombudsman Not yet in force
  46. 33The Prison Ombudsman for Northern Ireland Not yet in force
  47. 34Main functions of Ombudsman Not yet in force
  48. Complaints
  49. 35Complaints
  50. 36Report of investigation of complaint
  51. Deaths in custody
  52. 37Investigations into deaths in custody Not yet in force
  53. 38Report on investigation into death
  54. Investigations requested by Department
  55. 39Investigations requested by the Department
  56. 40Report on investigation under section 39
  57. Own-initiative investigations
  58. 41Own-initiative investigations Not yet in force
  59. 42Report on investigation under section 41
  60. Powers of Ombudsman Not yet in force
  61. 43Powers of Ombudsman Not yet in force
  62. Supplementary Not yet in force
  63. 44Disclosure of information Not yet in force
  64. 45Guidance to Ombudsman in relation to matters connected with national security Not yet in force
  65. 46Interpretation Not yet in force
  66. 47Transitional provision: the Prisoner Ombudsman for Northern Ireland Not yet in force
  67. Part 3: Miscellaneous
  68. Animal welfare
  69. 48Penalties for animal welfare offences
  70. Lay visitors
  71. 49Lay visitors for all police stations
  72. Pornographic or other sexual images
  73. 50Possession of pornographic images of rape and assault by penetration
  74. 51Disclosing private sexual photographs and films with intent to cause distress
  75. 52Meaning of “disclose” and “photograph or film”
  76. 53Meaning of “private” and “sexual”
  77. Assaulting ambulance workers etc
  78. 54Offence of assaulting ambulance workers etc
  79. Early removal of prisoners
  80. 55Early removal from prison of prisoners liable to removal from United Kingdom
  81. 56Re-entry into Northern Ireland of offender removed under section 55
  82. Direct committal for trial
  83. 57Direct committal for trial: indictable offence triable summarily
  84. Firearms
  85. 58Amendments of Firearms (Northern Ireland) Order 2004, etc.
  86. Costs
  87. 59Costs of Accountant General in administering funds in court
  88. Part 4: General
  89. 60Regulations and orders
  90. 61Commencement and short title
  91. Schedule 1: ATTACHMENT OF EARNINGS ORDERS
  92. Service of order
  93. 1Paragraph 1
  94. Compliance with order
  95. 2Paragraph 2
  96. Power to determine whether payments are earnings
  97. 3Paragraph 3
  98. Administrative costs of employer
  99. 4Paragraph 4
  100. Change of circumstances
  101. 5Paragraph 5
  102. Variation of order
  103. 6Paragraph 6
  104. Discharge of order
  105. 7Paragraph 7
  106. Prioritisation of orders
  107. 8Paragraph 8
  108. Crown employment
  109. 9Paragraph 9
  110. Regulations
  111. 10Paragraph 10
  112. Schedule 2: COLLECTION ORDERS: MINOR AND CONSEQUENTIAL AMENDMENTS
  113. Criminal Justice Act (Northern Ireland) 1945
  114. 1Paragraph 1
  115. Mines Act (Northern Ireland) 1969
  116. 2Paragraph 2
  117. Magistrates' Courts (Northern Ireland) Order 1981
  118. 3Paragraph 3
  119. Police and Criminal Evidence (Northern Ireland) Order 1989
  120. 4Paragraph 4
  121. Road Traffic Offenders (Northern Ireland) Order 1996
  122. 5Paragraph 5
  123. Criminal Justice and Immigration Act 2008
  124. 6Paragraph 6
  125. Justice Act (Northern Ireland) 2011
  126. 7Paragraph 7
  127. Justice Act (Northern Ireland) 2015
  128. 8Paragraph 8
  129. Schedule 3: THE PRISON OMBUDSMAN Not yet in force
  130. Appointment, status and term of office Not yet in force
  131. 1Paragraph 1 Not yet in force
  132. 2Paragraph 2 Not yet in force
  133. 3Paragraph 3 Not yet in force
  134. 4Paragraph 4 Not yet in force
  135. Remuneration and allowances Not yet in force
  136. 5Paragraph 5 Not yet in force
  137. 6Paragraph 6 Not yet in force
  138. Appointment of acting Ombudsman Not yet in force
  139. 7Paragraph 7 Not yet in force
  140. The Ombudsman's officers Not yet in force
  141. 8Paragraph 8 Not yet in force
  142. Advisers Not yet in force
  143. 9Paragraph 9 Not yet in force
  144. Documents Not yet in force
  145. 10Paragraph 10 Not yet in force
  146. Finance Not yet in force
  147. 11Paragraph 11 Not yet in force
  148. Annual report Not yet in force
  149. 12Paragraph 12 Not yet in force
  150. Data protection Not yet in force
  151. 13Paragraph 13 Not yet in force
  152. Freedom of information Not yet in force
  153. 14Paragraph 14 Not yet in force
  154. Public Services Ombudsman Not yet in force
  155. 15Paragraph 15 Not yet in force
  156. Interpretation Not yet in force
  157. 16Paragraph 16 Not yet in force
  158. Schedule 4: PRIVATE SEXUAL PHOTOGRAPHS ETC: PROVIDERS OF INFORMATION SOCIETY SERVICES
  159. Exceptions for mere conduits
  160. 1Paragraph 1
  161. Exception for caching
  162. 2Paragraph 2
  163. Exception for hosting
  164. 3Paragraph 3
  165. Interpretation
  166. 4Paragraph 4
  167. Schedule 5: AMENDMENTS OF THE FIREARMS (NORTHERN IRELAND) ORDER 2004
  168. Part 1: Firearms - Persons under 18
  169. Authorisation of shotgun clubs to allow use of shotguns by persons under the age of 16
  170. 1Paragraph 1
  171. Other amendments relating to persons under 18
  172. 2Paragraph 2
  173. Part 2: Firearm certificates and other certificates
  174. Variation of firearm certificate
  175. 3Paragraph 3
  176. Variation of firearms dealer's certificate
  177. 4Paragraph 4
  178. Updated certificates
  179. 5Paragraph 5
  180. Certificates granted in Great Britain
  181. 6Paragraph 6
  182. Part 3: Supplementary
  183. Fees
  184. 7Paragraph 7
  185. Consequential amendment
  186. 8Paragraph 8