PART 5 continued
83.—(1) In section 24 of the Criminal Appeal (Northern Ireland) Act 1980 (c. 47) (right of appellant to be present at proceedings in Court of Appeal), after subsection (2) insert—
“(2A) The Court of Appeal may at any time give a live link direction in relation to any proceedings at which the appellant is expected to be in custody but is entitled to be present.
(2B) For this purpose—
(a) a “live link direction” is a direction that the appellant (if he is being held in custody at the time of the proceedings) is to attend the proceedings through a live link from the place at which he is held; and
(b) “live link” means an arrangement by which the appellant is able to see and hear, and to be seen and heard by, the Court of Appeal (and for this purpose any impairment of eyesight or hearing is to be disregarded)
(2C) The Court of Appeal—
(a) shall not give a live link direction unless—
(i) the appellant has consented to the direction; and
(ii) any other party to the appeal has had the opportunity to make representations about the giving of such a direction; and
(b) may rescind a live link direction at any time before or during any proceedings to which it applies (whether of its own motion or on the application of a party).
(2D) The Court of Appeal must not give a live link direction unless—
(a) it has been notified by the Secretary of State that a live link is available between the Court and the institution at which the appellant is expected to be in custody; and
(b) the notice has not been withdrawn.”.
(2) In section 25 of that Act (giving of evidence), after subsection (3) insert—
“(4) A live link direction under section 24(2A) does not apply to the giving of oral evidence by the appellant at any hearing unless that direction, or any subsequent direction of the court, provides expressly for the giving of such evidence through a live link.”.
(3) In section 45(2) of that Act (powers exercisable by single judge), after paragraph (f) there is inserted—
“(fa) to give a live link direction under section 24(2A);”.
84.—(1) In Schedule 2 to the Access to Justice (Northern Ireland) Order 2003 (NI 10) (civil legal services: excluded services) in paragraph 2 after sub-paragraph (h) insert—
“(hh) proceedings under Article 3 or 4 of the Anti-social Behaviour (Northern Ireland) Order 2004;”.
(2) Article 8 of the Criminal Justice (Northern Ireland) Order 2005 (NI 15) (which is superseded by this Article) shall cease to have effect.
85.—(1) In Schedule 2 to the Access to Justice (Northern Ireland) Order 2003 (NI 10) (civil legal services: excluded services) in paragraph 3(2)(a) for “sub-paragraph 1(b)” substitute “head (a)”.
(2) In Part 1 of Schedule 1 to the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (NI 8) (proceedings in which legal aid may be given under Part 2 of that Order) in paragraph 2A(2)(a) for “head (b)” substitute “head (a)”.
86. In Article 19 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (NI 12) (entry for purposes of arrest) for paragraph (1)(c) substitute—
“(c) of arresting a person for an offence under—
(i) section 42 of the Offences against the Person Act 1861 (c. 100);
(ii) Article 18(3) or 21 of the Public Order (Northern Ireland) Order 1987 (NI 7);
(iii) Article 4 of the Protection from Harassment (Northern Ireland) Order 1997 (NI 9);
(iv) Article 25 of the Family Homes and Domestic Violence (Northern Ireland) Order 1998 (NI 6);”.
87.—(1) Article 48 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (NI 12) is amended as follows.
(2) In paragraph (3D) (bail conditions on release under Article 39(1)) for “Article 39(1)” substitute “Article 38(2) or (7)(b) or Article 39(1)”.
(3) After paragraph (3H) insert—
“(4) A magistrates' court may, on an application by or on behalf of a person released on bail under Article 38(2) or (7)(b), vary the conditions of bail.
(5) A person who has been released on bail under Article 38(2) or (7)(b) may be arrested without warrant by a constable if the constable—
(a) has reasonable grounds for believing that the person is likely to break any of the conditions of his bail; or
(b) has reasonable grounds suspecting that the person has broken any of those conditions.
(5A) A person arrested under paragraph (5) must be taken to a police station (which may be the station where the conditions of bail were set or varied or any other police station) as soon as practicable after the arrest.”
(4) In Article 132A of the Magistrates' Courts (Northern Ireland) Order 1981 (NI 26) in paragraph (1)(a) after “Part V of the Police and Criminal Evidence (Northern Ireland) Order 1989 (NI 12)” insert “(other than under Article 38(2) or (7)(b))”.
88. In Article 56A(1) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (NI 12) (authorisation of x-rays and ultrasound scans) for “superintendent” substitute “inspector”.
89. For Article 84 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (NI 12) substitute—
84.—(1) For the purpose of any provision of this Order or any other statutory provision under which a power in respect of the investigation of offences or the treatment of persons in police custody is exercisable only by or with the authority of a police officer of at least the rank of superintendent, an officer of the rank of chief inspector shall be treated as holding the rank of superintendent if—
(a) he has been authorised by an officer holding a rank above the rank of superintendent to exercise the power or, as the case may be, to give his authority for its exercise; or
(b) he is acting during the absence of an officer holding the rank of superintendent who has authorised him, for the duration of that absence, to exercise the power or, as the case may be, to give his authority for its exercise.
(2) For the purpose of any provision of this Order or any other statutory provision under which such a power is exercisable only by or with the authority of an officer of at least the rank of inspector, an officer of the rank of sergeant shall be treated as holding the rank of inspector if he has been authorised by an officer of at least the rank of superintendent to exercise the power or, as the case may be, to give his authority for its exercise.”.
90.—(1) In Article 22 of the Public Order (Northern Ireland) Order 1987 (NI 7) (carrying of offensive weapon) in paragraph (3)(a) for “6 months” substitute “12 months”.
(2) In Article 8 of the Crossbows (Northern Ireland) Order 1988 (NI 5) (offences relating to crossbows) for paragraphs (1) and (2) substitute—
“(1) A person guilty of an offence under this Order shall be liable—
(a) on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum, or to both;
(b) on conviction on indictment, to imprisonment for a term not exceeding 4 years, or to a fine, or to both.”.
(3) In section 139 of the Criminal Justice Act 1988 (c. 33) (having knife etc. in public place) for subsection (6) substitute—
“(6) A person guilty of an offence under subsection (1) shall be liable—
(a) on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum, or to both;
(b) on conviction on indictment, to imprisonment for a term not exceeding 4 years, or to a fine, or to both.”.
(4) In section 139A of the Criminal Justice Act 1988 (c. 33) (having knife etc. on school premises) for subsection (6) substitute
“(6) A person guilty of an offence under subsection (1) shall be liable—
(a) on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum, or to both;
(b) on conviction on indictment, to imprisonment for a term not exceeding 4 years, or to a fine, or to both.”.
(5) In section 141(1) of the Criminal Justice Act 1988 (c. 33) (offensive weapons) in subsection (1) for the words from “on summary conviction” to the end substitute
on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum, or to both;
on conviction on indictment, to imprisonment for a term not exceeding 4 years, or to a fine, or to both.”.
(6) In Article 53 of the Criminal Justice (Northern Ireland) Order 1996 (NI 24) (manufacture, sale. etc. of certain knives) for the words from “on summary conviction” to the end substitute
on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum, or to both;
on conviction on indictment, to imprisonment for a term not exceeding 4 years, or to a fine, or to both.”.
(7) In Article 54(1) of the Criminal Justice (Northern Ireland) Order 1996 (NI 24) (sale of knives, etc to young persons) for the words from “on summary conviction” to the end substitute
on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum, or to both;
on conviction on indictment, to imprisonment for a term not exceeding 4 years, or to a fine, or to both.”.
(8) In section 1 of the Knives Act 1997 (c. 21) (unlawful marketing of knives) for subsection (5) substitute—
“(5) A person guilty of an offence under this section shall be liable—
(a) on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum, or to both;
(b) on conviction on indictment, to imprisonment for a term not exceeding 4 years, or to a fine, or to both.”.
(9) In section 2 of the Knives Act 1997 (c. 21) (publications connected with marketing of knives) for subsection (2) substitute—
“(2) A person guilty of an offence under this section shall be liable—
(a) on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum, or to both
(b) on conviction on indictment, to imprisonment for a term not exceeding 4 years, or to a fine, or to both.”.
(10) In Article 29(1) of the Magistrates Courts (Northern Ireland) Order 1981 (NI 26) after sub-paragraph (i) add—
“(j) Article 22 of the Public Order (Northern Ireland) Order 1987;
(k) the Crossbows (Northern Ireland) Order 1988;
(l) section 139(1), 139A(1) or 141(1) of the Criminal Justice Act 1988;
(m) Article 53 or 54(1) of the Criminal Justice (Northern Ireland) Order 1996;
(n) section 1 or 2 of the Knives Act 1997.”.
91.—(1) The court by or before which a person is convicted of an offence committed after the commencement of this Article may, instead of or in addition to dealing with him in any other way, order him to be disqualified, for such period as it thinks fit, for holding or obtaining a driving licence.
(2) Where the person is convicted of an offence the sentence for which is fixed by law or falls to be imposed—
(a) under Article 70(2) of the Firearms (Northern Ireland) Order 2004 (NI 3),
(b) under paragraph 2(4) or (5) of Schedule 2 to the Violent Crime Reduction Act 2006 (c. 38), or
(c) under Article 13 or 14 above,
paragraph (1) shall have effect as if the words “instead of or” were omitted.
(3) A court shall not make an order under paragraph (1) unless the court has been notified by the Secretary of State that the power to make such orders is exercisable by the court and the notice has not been withdrawn.
(4) A court which makes an order under this Article disqualifying a person for holding or obtaining a driving licence shall require him to produce—
(a) any such licence held by him together with its counterpart (if any); or
(b) in the case where he holds a Community licence (within the meaning of Part 2 of the Road Traffic (Northern Ireland) Order 1981 (NI 1)), his Community licence and its counterpart (if any),
within 7 days or such longer time as the court may allow and if the licence is not produced within that time, that person shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(5) If a person who is disqualified under this Article applies under Article 47 of the Road Traffic Offenders (Northern Ireland) Order 1996 (NI 10) for the disqualification to be removed and the court so orders, paragraph (6) of that Article shall not have effect so as to require particulars of the order to be endorsed on the licence, but the court shall send notice of the order to the Department of the Environment
(6) Paragraphs (3B), (4) and (4AA) of Article 180 of the Road Traffic (Northern Ireland) Order 1981 shall apply for the purposes of paragraph (4) in the same manner as they apply for the purposes of Article 29 of the Road Traffic Offenders (Northern Ireland) Order 1996.
(7) In this Article—
“driving licence” means a licence to drive a motor vehicle granted under Part 2 of the Road Traffic (Northern Ireland) Order 1981;
“counterpart”, in relation to a driving licence or a Community licence, has the same meaning as in that Part;
and Article 4(2) applies for the interpretation of paragraph (2) as it applies for the interpretation of Chapter 2 of Part 2.
92.—(1) This Article applies where—
(a) a warrant mentioned in paragraph (2) is issued for the arrest of any person (“D”) by a resident magistrate, lay magistrate or magistrates' court for a county court division (“division A”); and
(b) D is arrested on foot of the warrant.
(2) The warrants are—
(a) a warrant under Article 20 or 25 of the Magistrates' Courts (Northern Ireland) Order 1981 (NI 26);
(b) a warrant under Article 6 of the Criminal Justice (Northern Ireland) Order 2003 (NI 13); and
(c) a warrant under any other statutory provision prescribed for the purposes of this Article by order of the Secretary of State.
(3) The execution of the warrant may be proved before a magistrates' court for—
(a) division A;
(b) the county court division in which D is arrested (“division B”); or
(c) a county court division which adjoins division B (“division C”).
(4) Where the execution of the warrant is proved under paragraph (3) before a magistrates' court for division B or division C, that court—
(a) may remand D in custody or on bail to appear before a magistrates' court for division A; and
(b) may hear and determine any application by D for the grant of a right to representation under Article 26 of the Access to Justice (Northern Ireland) Order 2003 (NI 10);
but, subject to paragraph (5), that court may not exercise any other power in relation to D.
(5) Paragraph (4) does not prevent the court from exercising any jurisdiction which the court has apart from this Article
(6) Anything done before or by a magistrates' court for division B or division C under paragraph (3) or (4) shall have effect as if done before or by a magistrates' court for division A.
(7) In Article 20(3) of the Magistrates' Courts (Northern Ireland) Order 1981 (NI 26) for the words from “issue a warrant to arrest” to the end substitute “issue a warrant for the arrest of that person”.
(8) Until the coming into operation of Article 26 of the Access to Justice (Northern Ireland) Order 2003 (NI 10) paragraph (4) has effect as if for sub-paragraph (b) there were substituted—
“(b) may hear and determine any application by D under Article 28(1) of the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (NI 8) as if D had been charged before that court with the offence in respect of which the warrant was issued;”.
(9) An order under paragraph (2)(c) prescribing any statutory provision may make such consequential amendments to that provision as the Secretary of State thinks necessary or expedient.
93. In the Anti-social Behaviour (Northern Ireland) Order 2004 (NI 12) in Article 4 (interim orders) after paragraph (1) insert—
“(1A) An application by a relevant authority for an order under this Article may be made without notice being given to the defendant.”.
94. In Article 6C of the Anti-social Behaviour (Northern Ireland) Order 2004 (NI 12) in paragraph (4)(a) after “rules of court” insert “(within the meaning of that Part”).
95.—(1) In Article 6(6) of the Rehabilitation of Offenders (Northern Ireland) Order 1978 (NI 27) (rehabilitation period for certain orders) after sub-paragraph (c) insert—
“(d) a reparation order under Article 36A of that Order of 1998;
(e) a community responsibility order under Article 36E of that Order of 1998;
(f) a youth conference order under Article 36J of that Order of 1998;”.
(2) Paragraph (1) has effect for determining the rehabilitation period in respect of offences committed before, as well as after, the commencement of this Article.
(3) In Schedule 13 to the Justice (Northern Ireland) Act 2002 (c. 26) (repeals and revocations) omit the entry relating to Article 6(6)(c) of the Rehabilitation of Offenders (Northern Ireland) Order 1978
96.—(1) The Criminal Justice (Children) (Northern Ireland) Order 1998 (NI 9) is amended as follows.
(2) In Article 13(1)(b) for “paragraph (1B)” substitute “paragraphs (1B) and (1BB)”.
(3) In Article 13 after paragraph (1B) insert—
“(1BB) In the case of a child who has attained the age of 17, the court shall make an order committing the child to a juvenile justice centre (and not to a young offenders centre) if the court has been notified by the Secretary of State that no suitable accommodation for that child is available in a young offenders centre.”.
(4) In Article 39 for paragraph (3A) substitute—
“(3A) A court shall only make a juvenile justice centre order in the case of a child who has attained the age of 17 if either paragraph (3B) or (3C) applies in relation to the child.
(3B) This paragraph applies in relation to a child if—
(a) the child will not become an adult during the period of the order;
(b) the child has not had a custodial sentence imposed on him within the last two years; and
(c) the court, after considering a report made by a probation officer, considers that it is in the child’s best interests to make such an order.
(3C) This paragraph applies in relation to a child if the court has been notified by the Secretary of State that no suitable accommodation for that child is available in a young offenders centre.”.
97. For Article 30A of the Criminal Justice (Children) (Northern Ireland) Order 1998 (NI 9) substitute—
30A. A youth court shall not be required to adjourn any proceedings for an offence at any stage by reason only of the fact—
(a) that the court commits the accused for trial for another offence; or
(b) that the accused is charged with another offence.”.
98.—(1) Article 36J of the Criminal Justice (Children) (Northern Ireland) Order 1998 (NI 9) (youth conference orders) is amended as follows.
(2) After paragraph (2) insert—
“(2A) Unless revoked, a youth conference order remains in force until the offender has complied with the requirements mentioned in paragraph (2)(a) or (as the case may be) (b).”
99.—(1) The Criminal Justice (Children) (Northern Ireland) Order 1998 (NI 9) is amended as follows.
(2) In Article 33 (power of court to notify appropriate authority if child’s welfare requires it) for the words from “and a court—” to “if the court” substitute “the court before which he is charged may, if it”.
(3) Omit Article 43 (effect of juvenile justice centre order where care order is in force).