Justice Bill

Notice of Amendments Tabled on
16 February 2011 for Consideration Stage

Clause 16 , Page 12, Line 5

At end insert -

‘(8A) If the court proceeds with the hearing under subsection (8) it shall not remand the appellant in custody for a period exceeding 8 days commencing on the day following that on which it remands him.’

Minister of Justice

Clause 21 , Page 17, Line 26

At end insert ‘to consider fully any views so obtained;’

Minister of Justice

Clause 22 , Page 18, Line 21

At end insert ‘and to consider fully any views so obtained’

Minister of Justice

Clause 34

The Committee listed below give notice of their intention to oppose the question that clause 34 stand part of the Bill.

Chair, Committee for Justice

Clause 36 , Page 25, Line 26

Leave out paragraph (c)

Minister of Justice

Clause 36 , Page 25, Line 29

At end insert -

‘(e) in Chapter 6, to a match to which any of the paragraphs of that Schedule applies.’

Minister of Justice

Clause 36 , Page 25, Line 32

Leave out from ‘two hours before’ to end of line and insert ‘one hour before the start of the match or (if earlier) one hour’

Minister of Justice

Clause 36 , Page 25, Line 34

Leave out ‘one hour’ and insert ‘30 minutes’

Minister of Justice

Clause 36 , Page 25, Line 38

Leave out ‘two hours’ and insert ‘one hour’

Minister of Justice

Clause 36 , Page 25, Line 39

Leave out ‘one hour’ and insert ’30 minutes’

Minister of Justice

Clause 37 , Page 26, Line 8

Leave out ‘anything’ and insert ‘any article to which this subsection applies’

Minister of Justice

Clause 37 , Page 26, Line 13

At end insert -

‘(1A) Subsection (1) applies to any article capable of causing injury to a person struck by it.’

Minister of Justice

Clause 38 , Page 26, Line 22

Leave out ‘an’ and insert ‘a sectarian or’

Minister of Justice

Clause 38 , Page 26, Line 25

Leave out ‘religious belief,’

Minister of Justice

Clause 38 , Page 26, Line 26

At end insert -

‘(3A) For the purposes of this section chanting is of a sectarian nature if it consists of or includes matter which is threatening, abusive or insulting to a person by reason of that person’s religious belief or political opinion or to an individual as a member of such a group.’

Minister of Justice

Clause 41

The Committee listed below give notice of their intention to oppose the question that clause 41 stand part of the Bill.

Chair, Committee for Justice

Clause 42

The Committee listed below give notice of their intention to oppose the question that clause 42 stand part of the Bill.

Chair, Committee for Justice

Clause 43

The Committee listed below give notice of their intention to oppose the question that clause 43 stand part of the Bill.

Chair, Committee for Justice

Clause 44 , Page 28, Line 32

Leave out ‘or from’

Minister of Justice

Clause 44 , Page 29, Line 6

Leave out subsection (5)

Minister of Justice

Clause 44 , Page 29, Line 15

L eave out paragraph (c)

Minister of Justice

Clause 45

The Minister of Justice gives notice of his/her intention to oppose the question that clause 45 stand part of the Bill.

Minister of Justice

Clause 49 , Page 33, Line 6

After ‘up’ insert ‘sectarian hatred or’

Minister of Justice

Clause 49 , Page 33, Line 8

Leave out ‘religious belief,’

Minister of Justice

Clause 49 , Page 33, Line 14

Leave out subsection (3) and insert -

‘(3) For the purposes of this section sectarian hatred is hatred against a group of persons defined by reference to religious belief or political opinion or against an individual as a member of such a group.’

Minister of Justice

New Clause

After clause 59 insert -

‘Sexual offences: review of indefinite notification requirements

59A. -(1) The Sexual Offences Act 2003 (c. 42) is amended as follows.

(2) In section 82 (the notification period) at the end insert -

“(7) Schedule 3A (which provides for the review and discharge of indefinite notification requirements) has effect.”.

(3) After Schedule 3 insert the following Schedule -

“Schedule 3A

Review of indefinite notification requirements

Introductory

1. - (1) This Schedule applies to a person who, on or after the date on which section (Sexual offences: review of indefinite notification requirements) of the Justice Act (Northern Ireland) 2011 comes into operation, is subject to the notification requirements for an indefinite period.

(2) A person to whom this Schedule applies is referred to in this Schedule as “an offender”.

(3) In this Schedule -

“sexual harm” means physical or psychological harm caused by an offender doing anything which would constitute an offence listed in Schedule 3 if done in any part of the United Kingdom;

“the notification requirements” means the notification requirements of Part 2 of this Act;

“relevant event”, in relation to an offender, is a conviction, finding or notification order which made the offender subject to the notification requirements for an indefinite period.

Initial review: applications

2. - (1) Except as provided by sub-paragraph (2), an offender may, at any time after the end of the initial review period, apply to the Chief Constable to discharge the offender from the notification requirements.

(2) Sub-paragraph (1) does not apply at any time when -

(a) the offender is also subject to a sexual offences prevention order; or

(b) the offender is also subject to the notification requirements for a fixed period which has not expired.

(3) Subject to sub-paragraph (4), the initial review period is -

(a) in the case of an offender under the age of 18 at the date of the relevant event, 8 years beginning with the date of initial notification;

(b) in the case of any other offender, 15 years beginning with the date of initial notification.

(4) In calculating the initial review period -

(a) in a case where an offender is subject to the notification requirements for an indefinite period as a result of two or more relevant events, the calculation is to be made by reference to the later or latest of those events;

(b) in any case, there is to be disregarded any period during which the offender is, in connection with a relevant event -

(i) remanded in, or committed to, custody by an order of a court;

(ii) in custody serving a sentence of imprisonment or detention; or

(iii) detained in a hospital.

(5) The date of initial notification is -

(a) in the case of an offender who is subject to the notification requirements for an indefinite period by virtue of section 81, the date by which the offender was required to give notification under section 2(1) of the Sex Offenders Act 1997;

(b) in the case of any other offender, the date by which the offender is required to give notification under section 83(1) (or would be so required but for the fact that the offender falls within an exception in section 83(2) or (4)).

(6) An application under this paragraph must be in writing and must include -

(a) the name, address and date of birth of the offender;

(b) the name and address of the offender at the date of each relevant event (if different);

(c) the date of each relevant event, and (where a relevant event is a conviction or finding) the court by or before which, the conviction or finding occurred,

(d) any information which the offender wishes to be taken into account by the Chief Constable in determining the application.

(7) The Chief Constable may, before determining any application, request information from any body or person which the Chief Constable considers appropriate.

Initial review: determination of application

3. - (1) On an application under paragraph 2 the Chief Constable shall discharge the notification requirements unless t he Chief Constable is satisfied, on the balance of probabilities, that the offender poses a risk of sexual harm to the public, or any particular members of the public, in the United Kingdom.

(2) In deciding whether that is the case, the Chief Constable must take into account—

(a) the seriousness of the offence or offences—

(i) of which the offender was convicted,

(ii) of which the offender was found not guilty by reason of insanity,

(iii) in respect of which the offender was found to be under a disability and to have done the act charged, or

(iv) in respect of which (being relevant offences within the meaning of section 99) the notification order was made,

which made the offender subject to the notification requirements for an indefinite period;

(b) the period of time which has elapsed since the offender committed the offence or offences;

(c) whether the offender has committed any offence under section 3 of the Sex Offenders Act 1997 or under section 91 of this Act;

(d) the age of the offender at the time of the decision;

(e) the age of the offender at the time any offence referred to in paragraph (a) was committed;

(f) the age of any person who was a victim of any such offence (where applicable) and the difference in age between the victim and the offender at the time any such offence was committed;

(g) any convictions or findings made by a court in respect of the offender for any other offence listed in Schedule 3;

(h) any caution which the offender has received for an offence which is listed in Schedule 3;

(i) whether any criminal proceedings for any offences listed in Schedule 3 have been instituted against the offender but have not concluded;

(j) any assessment of the risk posed by the offender which has been made by any of the agencies mentioned in Article 49(1) of the Criminal Justice (Northern Ireland) Order 2008 (risk assessment and management);

(k) any other information relating to the risk of sexual harm posed by the offender to the public, or any particular members of the public, in the United Kingdom;

(l) any information presented by or on behalf of the offender which demonstrates that the offender does not pose a risk of sexual harm to the public, or any particular members of the public, in the United Kingdom; and

(m) any other matter which the Chief Constable considers to be appropriate.

(3) The functions of the Chief Constable under this paragraph may not be delegated by the Chief Constable except to a police officer not below the rank of superintendent.

Initial review: notice of decision

4. - (1) The Chief Constable must, within 12 weeks of the date on which an application under paragraph 2 is received, comply with this paragraph.

(2) If the Chief Constable discharges the notification requirements -

(a) the Chief Constable must serve notice of that fact on the offender, and

(b) the offender ceases to be subject to the notification requirements on the date of service of the notice.

(3) If the Chief Constable decides not to discharge the notification requirements -

(a) the Chief Constable must serve notice of that decision on the offender; and

(b) the notice must -

(i) state the reasons for the decision; and

(ii) inform the offender of the effect of paragraphs 5 and 6.

Initial review: application to Crown Court

5. - (1) Where -

(a) the Chief Constable fails to comply with paragraph 4 within the period specified in paragraph 4(1), or

(b) the Chief Constable serves a notice under paragraph 4(3),

the offender may apply to the Crown Court for an order discharging the offender from the notification requirements.

(2) An application under this paragraph must be made within the period of 21 days beginning -

(a) in the case of an application under sub-paragraph (1)(a), on the expiry of the period mentioned in paragraph 4(1);

(b) in the case of an application under sub-paragraph (1)(b), on the date of service of the notice under paragraph 4(3).

(3) Paragraph 3(1) and (2) applies in relation to an application under this paragraph as it applies to an application under paragraph 2, but as if references to the Chief Constable were references to the Crown Court.

(4) The Chief Constable and the offender may appear or be represented at any hearing in respect of an application under this paragraph.

(5) Where an application under this paragraph is determined, the appropriate officer of the Crown Court must send a copy of the order made by the Crown Court to the offender and the Chief Constable.

Further reviews

6. - (1) Except as provided by sub-paragraph (2), where a notice is served on an offender under paragraph 4(3) or 5(5), the offender may, at any time after the end of a further review period, apply to the Chief Constable to discharge the offender from the notification requirements.

(2) Sub-paragraph (1) does not apply at any time when -

(a) the offender is also subject to a sexual offences prevention order; or

(b) the offender is also subject to the notification requirements for a fixed period which has not expired.

(3) A further review period is the period of 5 years beginning on the date of service of a notice (or the last notice) served on the offender under paragraph 4(3) or 5(5).

(4) Paragraphs 2(6) and (7), 3, 4 and 5 apply with appropriate modifications to an application under this paragraph as they apply to an application under paragraph 2; and a reference in this Schedule to a provision of paragraph 4 or 5 includes a reference to that provision as applied by this sub-paragraph.

Discharge in Scotland

7. - (1) An offender who is, under corresponding legislation, discharged from the notification requirements by a court, person or body in Scotland is, by virtue of the discharge, also discharged from the notification requirements as they apply in Northern Ireland.

(2) In subsection (1) “corresponding legislation” means legislation which makes provision corresponding to that made by this Schedule for an offender who is subject to the notification requirements as they apply in Scotland for an indefinite period to be discharged from those notification requirements.”.’

Minister of Justice

Clause 82 , Page 48, Line 18

At end insert -

‘(5A) No order may be made under subsection (5) unless a draft of the order has been laid before, and approved by a resolution of, the Assembly.’

Minister of Justice

Clause 85 , Page 49, Line 34

At end insert -

‘(4) In Article 36 (rules as to legal aid in criminal cases) for paragraph (4) substitute -

“(4) Except as provided by paragraph (5), rules under this Article are subject to negative resolution.

(5) The rules to which paragraph (6) applies shall not be made unless a draft of the rules has been laid before, and approved by a resolution of, the Assembly.

(6) This paragraph applies to the first rules under this Article which -

(a) are made after the coming into operation of section 85 of the Justice Act (Northern Ireland) 2011; and

(b) contain any provision made by virtue of Article 31, as substituted by that section.”.’

Minister of Justice

New Clause

After clause 91 insert -

‘Part 8

Solicitors’ rights of audience

Authorisation of Society conferring additional rights of audience

91A. - (1) The Solicitors (Northern Ireland) Order 1976 (NI 12) is amended as follows.

(2) In Article 6 (regulations as to the education, training, etc. of persons seeking admission or having been admitted as solicitors) after paragraph (1) insert -

“(1A) The Society shall make regulations with respect to the education, training or experience to be undergone by solicitors seeking authorisation under Article 9A.”.

(3) After Article 9 insert -

“Authorisation of Society conferring additional rights of audience

9A. - (1) A person who is qualified to act as a solicitor may apply to the Society for an authorisation under this Article.

(2) An application under paragraph (1) -

(a) shall be made in such manner as may be prescribed;

(b) shall be accompanied by such information as the Society may reasonably require for the purpose of determining the application; and

(c) shall be accompanied by such fee (if any) as may be prescribed.

(3) At any time after receiving the application and before determining it the Society may require the applicant to provide it with further information.

(4) The Society shall grant an authorisation under this Article if it appears to the Society, from the information furnished by the applicant and any other information it may have, that the applicant has complied with the requirements applicable to him by virtue of regulations under Article 6(1A).

(5) An authorisation granted to a person under this Article ceases to have effect if, and for so long as, that person is not qualified to act as a solicitor.

(6) The Society may by regulations provide that any person who has completed such education, training or experience as may be prescribed, before such date as may be prescribed shall be taken to hold an authorisation granted under this Article.”.

(4) In Article 10 (practising certificates and register of practising solicitors) after paragraph (2C) insert -

“(2D) Every entry in the register shall include details of any authorisation granted under Article 9A to the solicitor to whom the entry relates.”.’

Minister of Justice

New Clause

After clause 91 insert -

‘Rights of audience of solicitors

91B. - (1) In section 106 of the Judicature (Northern Ireland) Act 1978 (c. 23) (rights of audience in the High Court and Court of Appeal) after subsection (3) insert -

“(3A) A solicitor who holds an authorisation under Article 9A of the Solicitors (Northern Ireland) Order 1976 shall have the same right of audience in any proceedings in the High Court or Court of Appeal as counsel in those courts and any such right is in addition to any right of audience which a solicitor would have apart from this subsection.”.

(2) After Article 40 of the Solicitors (Northern Ireland) Order 1976 (NI 12) insert -

“Duty to advise client as to representation in court

40A. - (1) Paragraph (2) applies where -

(a) it appears to a solicitor that a client requires, or is likely to require, legal representation in any proceedings in the High Court or the Court of Appeal;

(b) either -

(i) that solicitor is minded to arrange for another solicitor who is an authorised solicitor to provide that representation; or

(ii) that solicitor is an authorised solicitor and is minded to provide that representation; and

(c) in representing that client in the High Court or Court of Appeal, a solicitor would need to exercise the right of audience conferred by section 106(3A) of the Judicature (Northern Ireland) Act 1978.

(2) The solicitor must advise the client in writing -

(a) of the advantages and disadvantages of representation by an authorised solicitor and by counsel, respectively; and

(b) that the decision as to whether an authorised solicitor or counsel is to represent the client is entirely that of the client.

(3) The Society shall make regulations with respect to the giving of advice under paragraph (2).

(4) A solicitor shall -

(a) in advising a client under paragraph (2), act in the best interest of the client; and

(b) give effect to any decision of the client referred to in paragraph (2)(b).

(5) For the purposes of this Article compliance with paragraph (2) in relation to any proceedings in a court in any cause or matter is to be taken to be compliance with that paragraph in relation to any other proceedings in that court in the same cause or matter.

(6) If a solicitor contravenes this Article, any person may make a complaint in respect of the contravention to the Tribunal.

(7) In this Article and Article 40B “authorised solicitor” means a solicitor who holds an authorisation under Article 9A.

Duty to inform court as to compliance with Article 40A(2)

40B. - (1) Where -

(a) a solicitor has complied with Article 40A(2) in relation to the representation of a client in any proceedings in the High Court or Court of Appeal;

(b) that client is to be represented in those proceedings by an authorised solicitor; and

(c) in representing that client in those proceedings the authorised solicitor would need to exercise the right of audience conferred by section 106(3A) of the Judicature (Northern Ireland) Act 1978,

the solicitor shall inform the High Court or (as the case may be) the Court of Appeal of the fact mentioned in sub-paragraph (a) in such manner and before such time as rules of court may require.

(2) For the purposes of this Article compliance with paragraph (1) in relation to any proceedings in a court in any cause or matter is to be taken to be compliance with that paragraph in relation to any other proceedings in that court in the same cause or matter.

(3) If a solicitor contravenes paragraph (1), any person may make a complaint in respect of the contravention to the Tribunal.”.

(3) In Article 50 of the County Courts (Northern Ireland) Order 1980 (NI 3) (rights of audience) in paragraph (1)(c) omit the words “, but not a solicitor retained as an advocate by a solicitor so acting”.’

Minister of Justice

New Clause

After clause 91 insert -

‘Consequential and supplementary provisions

91C. -(1) In Article 75 (regulations) of the Solicitors (Northern Ireland) Order 1976 (NI 12) after paragraph (2) insert -

“(2A) Regulations under Article 6(1A), 9A(6) or 40A(3) also require the concurrence of the Department of Justice, given after consultation with the Attorney General.

(2B) The Department of Justice shall not grant its concurrence to any regulations under Article 6(1A) or 9A(6) unless regulations have been made under Article 40A(3) and are in operation.”.

(2) The Department may by order make such amendments to -

(a) the Criminal Appeal (Northern Ireland) Act 1980 (c. 47),

(b) the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (NI 8),

(c) the Access to Justice (Northern Ireland) Order 2003 (NI 10),

(d) section 184 of the Extradition Act 2003 (c. 41),

as appear to the Department to be necessary or expedient in consequence of, or for giving full effect to, the provisions of this Part.’

Minister of Justice

New Clause

After clause 94 insert -

‘Power of Department to make payments in relation to prevention of crime, etc.

94A. -(1) The Department may, with the consent of the Department of Finance and Personnel, make such payments to such persons as the Department considers appropriate in connection with measures intended to -

(a) prevent crime or reduce the fear of crime; or

(b) support the recovery of criminal assets and proceeds of crime.

(2) A payment under subsection (1) may be made on such conditions as the Department may, with the consent of the Department of Finance and Personnel, determine.’

Minister of Justice

Clause 96 , Page 54, Line 39

After ‘Committee)’ insert ‘in paragraph (g) for “one other” substitute “a” and ’

Minister of Justice

Clause 96 , Page 55, Line 1

Leave out ‘person’ and insert ‘practising member of the Bar of Northern Ireland or a practising solicitor’

Minister of Justice

Clause 97 , Page 55, Line 5

After ‘Committee)’ insert ‘in paragraph (d) for “one other” substitute “a”, ’

Minister of Justice

Clause 97 , Page 55, Line 7

Leave out ‘person’ and insert ‘practising member of the Bar of Northern Ireland or a practising solicitor’

Minister of Justice

Clause 97 , Page 55, Line 12

Leave out ‘person’ and insert ‘barrister or solicitor’

Minister of Justice

New Clause

After clause 97 insert -

‘Funds in court: investment fees or expenses

97A. -(1) Section 81 of the Judicature (Northern Ireland) Act 1978 (c. 23) (investment of funds in court) is amended as follows.

(2) The existing provision becomes subsection (1) of that section.

(3) After that subsection insert -

“(2) If the High Court or (as the case may be) the county court so orders, the power of the Accountant General under subsection (1)(a)(iii) or (iv) to invest a sum of money in the Court of Judicature or the county court in securities includes the power to pay out of that sum any fees or expenses which are -

(a) incurred in connection with, or for the purposes of, investing that sum; and

(b) of an amount or at a rate approved by the High Court or (as the case may be) the county court.

(3) A court shall not make an order under subsection (2) unless the court considers it necessary and proportionate in all the circumstances to do so.

(4) The High Court or (as the case may be) the county court may, on an application made to it, order that all or part of any sum paid by way of fees or expenses under subsection (2) be refunded where it appears to the court to be in the interests of justice to do so.”.’

Minister of Justice

Clause 102 , Page 61, Line 15

At end insert -

‘(5) No order may be made under subsection (1) containing provision which amends or repeals a provision of an Act of Parliament or Northern Ireland legislation unless a draft of the order has been laid before, and approved by a resolution of, the Assembly.’

Minister of Justice

Clause 103 , Page 61, Line 18

Leave out subsections (2) to (4) and insert -

‘(2) Subject to subsection (3), orders made by the Department under this Act are subject to negative resolution.

(3) Subsection (2) does not apply to -

(a) an order under section 1(7), 5(1)(c), 6(3), 44(9), 64(2), 82(5) or 107(3);

(b) an order under subsection (1) of section 102 to which subsection (5) of that section applies.’

Minister of Justice

Clause 107 , Page 62

Leave out line 8 and insert -

‘(c) sections 94 and (Power of Department to make payments in relation to prevention of crime, etc.)’

Minister of Justice

Clause 107 , Page 62, Line 30

At end insert -

‘(3A) No order may be made under subsection (3) bringing into operation any provision of section 43 unless a draft of the order has been laid before, and approved by a resolution of, the Assembly.’

Minister of Justice

Schedule 1 , Page 65, Line 9

Leave out sub-paragraph (12)

Minister of Justice

Schedule 1 , Page 66, Line 4

At end insert -

‘(2A) The joint committee shall issue to PCSPs a list of organisations appearing to the joint committee to be appropriate for designation under sub-paragraph (1).

(2B) The joint committee may revise and re-issue that list.

(2C) In making any designation under sub-paragraph (1) a PCSP must take into consideration any organisation for the time being on a list issued under sub-paragraph (2A) or (2B).’

Minister of Justice

Schedule 1 , Page 66, Line 4

At end insert -

‘(2A) The Department may by order designate organisations for the purposes of this paragraph.

(2B) No order may be made under sub-paragraph (2A) unless -

(a) the Department has consulted each PCSP; and

(b) a draft of the order has been laid before, and approved by a resolution of, the Assembly.’

Chair, Committee for Justice

Schedule 1 , Page 66, Line 5

After ‘PCSP’ insert ‘or by an order under sub-paragraph (2A)’

Chair, Committee for Justice

Schedule 1 , Page 68, Line 4

Leave out sub-paragraphs (4) and (5) and insert -

‘(4) At any time thereafter, there shall be -

(a) a chair appointed by the council from among the political members; and

(b) a vice-chair elected by the independent members from among such members.

(5) In appointing to the office of chair, the council shall ensure that, so far as is practicable -

(a) a person is appointed to that office for a term of 12 months at a time or, where that period is shorter than 18 months, for a period ending with the reconstitution date next following that person’s appointment;

(b) that office is held in turn by each of the four largest parties represented on the council immediately after the last local general election.’

Chair, Committee for Justice

Schedule 1 , Page 70, Line 19

At end insert -

‘ Expenses

16A. The council may pay to members of a PCSP such expenses as the council may determine.’

Minister of Justice

Schedule 1 , Page 70, Line 21

Leave out paragraph 17 and insert -

‘17. - (1) The Department and the Policing Board shall for each financial year make to the council grants of such amounts as the joint committee may determine for defraying or contributing towards the expenses of the council in that year in connection with PCSPs.

(2) A grant made by the Department or the Policing Board under this paragraph—

(a) s hall be paid at such time, or in instalments of such amounts and at such times, and

(b) shall be made on such conditions,

as the joint committee may determine.

(3) A time determined under sub-paragraph (2)(a) may fall within or after the financial year concerned.’

Minister of Justice

Schedule 2 , Page 73, Line 36

Leave out sub-paragraph (11)

Minister of Justice

Schedule 2 , Page 74, Line 36

At end insert -

‘(2A) The joint committee shall issue to DPCSPs a list of organisations appearing to the joint committee to be appropriate for designation under sub-paragraph (1).

(2B) The joint committee may revise and re-issue that list.

(2C) In making any designation under sub-paragraph (1) a DPCSP must take into consideration any organisation for the time being on a list issued under sub-paragraph (2A) or (2B).’

Minister of Justice

Schedule 2 , Page 74, Line 36

At end insert -

‘(2A) The Department may by order designate organisations for the purposes of this paragraph.

(2B) No order may be made under sub-paragraph (2A) unless -

(a) the Department has consulted each DPCSP; and

(b) a draft of the order has been laid before, and approved by a resolution of, the Assembly.’

Chair, Committee for Justice

Schedule 2 , Page 74, Line 37

After ‘DPCSP’ insert ‘or by an order under sub-paragraph (2A)’

Chair, Committee for Justice

Schedule 2 , Page 76, Line 35

Leave out sub-paragraphs (4) and (5) and insert -

‘(4) At any time thereafter, there shall be -

(a) a chair appointed by the council from among the political members; and

(b) a vice-chair elected by the independent members from among such members.

(5) In appointing to the office of chair, the council shall ensure that, so far as is practicable -

(a) a person is appointed to that office for a term of 12 months at a time or, where that period is shorter than 18 months, for a period ending with the reconstitution date next following that person’s appointment;

(b) that office is held in turn by each of the four largest parties represented on the council immediately after the last local general election.’

Chair, Committee for Justice

Schedule 2 , Page 79, Line 21

At end insert -

‘Expenses

16A. The council may pay to members of a DPCSP such expenses as the council may determine.’

Minister of Justice

Schedule 2 , Page 79, Line 23

Leave out paragraph 17 and insert -

‘17. -(1) The Department and the Policing Board shall for each financial year make to the council grants of such amounts as the joint committee may determine for defraying or contributing towards the expenses of the council in that year in connection with DPCSPs.

(2) A grant made by the Department or the Policing Board under this paragraph—

(a) s hall be paid at such time, or in instalments of such amounts and at such times, and

(b) shall be made on such conditions,

as the joint committee may determine.

(3) A time determined under sub-paragraph (2)(a) may fall within or after the financial year concerned.’

Minister of Justice

Schedule 3 , Page 81, Line 7

Leave out from ‘or’ to end of line 9

Minister of Justice

Schedule 3 , Page 81, Line 19

Leave out from ‘or’ to end of line 21

Minister of Justice

Schedule 6 , Page 83, Line 32

At end insert -

‘The Judicature (Northern Ireland) Act 1978 (c. 23)

. In section 82(1) (rules as to funds in court) -

(a) in paragraphs (c) and (d) for “81(b)(ii)” substitute “81(1)(b)(ii)”; and

(b) in paragraph (k) for “81(a)(iv)” substitute “81(1)(a)(iv)”.’

Minister of Justice

Schedule 7 , Page 87, Line 38

At end insert -

‘Part 4

Solicitors’ rights of audience

Minister of Justice

Long Title

After ‘legal aid;’ insert ‘to confer additional rights of audience of certain solicitors;’