TRANSFER OF FUNCTIONS OF JUSTICES OF THE PEACE (Hansard, 4 March 2002)

HC Deb 04 March 2002 vol 381 cc74-6 74

§ Amendments made: No. 112, in page 9, line 10, leave out from "from" to end of line 14 and insert— 'a function to which subsection (2A) applies. (2A) This subsection applies to—

(a) any function of issuing a warrant or summons,
(b) any function of remanding an accused who has not previously been remanded for the offence,
(c) any function of ordering a person to enter into a recognisance to keep the peace or to be of good behaviour,
(d) the function of committal under section 21 of the Treatment of Offenders Act (Northern Ireland) 1968 (c. 29 (NI)) (offence during suspended sentence etc.),
(e) the function of committal under Article 5 of the Treatment of Offenders (Northern Ireland) Order 1976 (S.I. 1976/226 (N.I. 4)) (offence after early discharge),
(f) any function relating to perjury, misbehaviour or failure to testify in proceedings before a lay magistrate exercising any function to which this subsection applies,
(g) any function relating to adjournment of, or any other ancillary matter concerning, such proceedings,
(h) the function of granting a criminal aid certificate in respect of a person where the lay magistrate is dealing, or has previously dealt, with him by virtue of paragraph (b), (c) or (f), and
(i) the function of granting a criminal aid certificate in relation to an appeal against anything done by a lay magistrate by virtue of paragraph (c) or (f).

(2B) The Lord Chancellor may by order amend subsection (2A).'.

§ No. 7, in page 9, line 18, leave out "District Judges (Magistrates" Courts)" and insert "Resident Magistrates".—

§ No. 113, in page 82, line 35, at end insert— '(za) sections 79 and 80 of the Harbours, Docks, and Piers Clauses Act 1847 (c. 27) (appointment and dismissal of harbour police),'.

§ No. 114, in page 82, line 36, leave out paragraph (a).

§ No. 115, in page 83, line 2, at end insert— '(ca) section 23(1) of the Government Annuities Act 1929 (c. 29) (confirmation of declaration),'.

§ No. 116, in page 83, line 14, at end insert— '(ha) section 57 of the Civil Aviation Act 1982 (c. 16) (appointment and swearing in of constables), (hb) section 1(2)(c) of the Ministry of Defence Police Act 1987 (c. 4) (declaration by members of Ministry of Defence police force),'.

§ No. 117, in page 83, line 34, after "peace" insert "or magistrates" courts".

§ No. 8, in page 83, line 35, leave out "District Judges (Magistrates" Courts)" and insert "Resident Magistrates".

§ No. 118, in page 83, line 41, at end insert— '(c) Article 44 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)).'.

§ No. 119, in page 84, line 2, leave out— 'which confers or imposes a function on justices of the peace'.

§ No. 9, in page 84, line 11, leave out "District Judge (Magistrates" Courts)" and insert "Resident Magistrate".

§ No. 10, in page 84, line 15, leave out "District Judge (Magistrates" Courts)" and insert "Resident Magistrates".

§ No. 120, in page 84, line 24, at end insert—

'8A In section 26(4) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (NI)) (administration of oaths), after "upon a" insert "lay magistrate or".
8B In section 189(1) of the Army Act 1955 (c. 18) (certificates of arrest or surrender of deserters and absentees), after "justice of the peace" insert "or (in Northern Ireland) resident magistrate".
8C In section 189(1) of the Air Force Act 1955 (c. 19) (certificates of arrest or surrender of deserters and absentees), after "justice of the peace" insert "or (in Northern Ireland) resident magistrate".
8D In section 47(2) and 110(2) of the Naval Discipline Act 1957 (c.53) (certificates of arrest and surrender), after "justice of the peace" insert "or (in Northern Ireland) resident magistrate".'.

§ No. 121, in page 84, line 32, at end insert—

'10A In section 21 of the Treatment of Offenders Act (Northern Ireland) 1968 (c. 29 (N.I.)) (offences during suspended sentence etc.), for subsection (2) substitute—
"(2) A summons under this section shall not be issued except on complaint; and a warrant under this section shall not be issued except on complaint in writing and on oath.
(2A) Subsection (2) does not apply to a summons or warrant issued (by virtue of section 10(11A) of the Justice (Northern Ireland) Act 2002) by a judge of the Crown Court acting in consequence of a notice under section 20(3) of this Act.".'.

§ No. 122, in page 84, line 39, at end insert—

'(4) After subsection (5) insert—
"(5A) A justice of the peace for a county court division may act as such in relation to all matters arising within that division and may so act even if at the time of acting he is in some other area of Northern Ireland.".'.

§ No. 124, in page 85, line 5, at end insert— '13A In Article 84(6) of the Pollution Control and Local Government (Northern Ireland) Order 1978 (S.I. 1978/1049 (N.I. 19)) (judges and justices not disqualified by being ratepayers etc.), for "and a justice of the peace" substitute ", resident magistrate or lay magistrate".'.

§ No. 123, in page 85, line 5, at end insert— '(2) A magistrates' court is not to be regarded as a court of record for the purposes of subsection (1).".'.

§ No. 11, in page 85, line 23, leave out "District Judge (Magistrates" Courts)" and insert "Resident Magistrate".

§ No. 12, in page 85, line 28, leave out "District Judge (Magistrates" Courts)" and insert "Resident Magistrate".

§ No. 125, in page 85, line 29, at end insert— '19A In Article 7 (clerk's immunity in respect of warrant to enforce order), for "resident magistrate or other justice of the peace" substitute "magistrates' court".'.

§ No. 13, in page 85, line 33, leave out "District Judge (Magistrates" Courts)" and insert "Resident Magistrate".

§ No. 126, in page 85, line 35, leave out— 'sitting" substitute "lay magistrate sitting"' and insert— '"in the words preceding sub-paragraph (a) and in sub-paragraph (b) substitute "lay magistrate", and (b) for "or justice of the peace" substitute "or lay magistrate".'.

§ No. 127, in page 86, line 2, at end insert— ،, and (b) for "magistrate, justice or clerk of petty sessions" substitute "person".'.

§ No. 128, in page 86, line 4, at end insert— ،26A In Article 160(1) (misbehaviour in court), for "justice of the peace" substitute "lay magistrate".'.

§ No. 129, in page 86, line 9, at end insert— ،28A In section 244(6)(a)(ii) of the Criminal Procedure (Scotland) Act 1995 (c. 46) (community service orders), for "justice of the peace acting for the petty sessions district for the time being specified in the order" substitute "resident magistrate".'.

§ No. 130, in page 86, line 17, at end insert— '31 In section 81(1) of the Regulation of Investigatory Powers Act 2000 (c. 23) (interpretation), after the definition of "interception warrant" insert— justice of the peace" does not include a justice of the peace in Northern Ireland;".'.—[Mr. Browne.]