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Application Of Part 10 To Northern Ireland

Volume 405: debated on Monday 19 May 2003

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"(1) In its application to Northern Ireland this Part is to have effect subject to the modifications in this section.

(2) In sections 63(1)(a) and (b), 64(2)(a), 67(3) and 73(2)(a) for "England and Wales" substitute "Northern Ireland".

(3) For section 63(2)(c) substitute—

"(c) in respect of which, in proceedings where he has been found to be unfit to be tried in accordance with Article 49 of the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4)), a finding has been made that he did the act or made the omission charged against him."

(4) In section 63(8) for "Part 1" substitute "Part 1A".

(5) In section 69(1) for "Criminal Appeal Act 1968 (c. 19)" substitute "Criminal Appeal (Northern Ireland) Act 1980 (c. 47)".

(6) In section 69(2)—

  • (a) for "33" substitute "31", and
  • (b) for "An" substitute "Subject to the provisions of this Part of this Act, an".
  • (7) In section 69(4)—

  • (a) for "34(2)" substitute "32(2)", and
  • (b) for "33(1B)" substitute "31(1B)".
  • (8) In section 72(1) for "preferred" substitute "presented".

    (9) After section 72(6) insert—

    "(6A) Article 29 of the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (S.I. 1981/228 (N.I. 8)) applies in the case of a person who is to be tried in accordance with subsection (1) as if—

  • (a) he had been committed for trial for the offence in question, and
  • (b) the reference in paragraph (2)(a) of that Article to a magistrates' court included a reference to the Court of Appeal."
  • (10) In section 79(1) for the words from the beginning to "does" substitute "Sections 30(4) and 36 of the Justice (Northern Ireland) Act 2002 (c. 26) do".

    (11) Until the coming into force of section 36 of that Act of 2002 the reference to that section in subsection (10) is to be read as a reference to Article 4(8) of the Prosecution of Offences (Northern Ireland) Order 1972 (S.I. 1972/538 (N.I. 1)).

    (12) In section 80(2) for "the Criminal Appeal Rules and the Crown Court Rules" substitute "rules under section 55 of the Judicature (Northern Ireland) Act 1978 (c. 23) and Crown Court Rules".

    (13) In section 81(1) for the definition of "police force" substitute—

    ""police force" means—

  • (a) the Police Service of Northern Ireland or the Police Service of Northern Ireland Reserve,
  • (b) the Ministry of Defence Police,
  • (c) any body of constables appointed under Article 19 of the Airports (Northern Ireland) Order 1994 (S.I. 1994/426 (N.I. 1)), or
  • (d) any body of special constables appointed in Northern Ireland under section 79 of the Harbours, Docks and Piers Clauses Act 1847 (c. 27) or section 57 of the Civil Aviation Act 1982 (c. 16);".
  • (14) Omit section 81(2).'.

    [Paul Goggins.]

    Brought up, read the First and Second time, and added to the Bill.