Legislation – Justice Act (Northern Ireland) 2015
Changes to legislation:
Justice Act (Northern Ireland) 2015, Section 29 is up to date with all changes known to be in force on or before 06 April 2026. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 29:
- s. 13(2)(2A) substituted for s. 13(2) by 2022 c. 4 (N.I.) s. 4(5)
- s. 13(4)(5) added by 2022 c. 4 (N.I.) s. 4(6)
- s. 13A inserted by 2022 c. 4 (N.I.) s. 4(7)
- s. 13A inserted by 2022 c. 4 (N.I.) s. 4(7)
- Sch. 2 para. 8(1) Sch. 2 para. 8 renumbered as Sch. 2 para. 8(1) by 2022 c. 4 (N.I.) s. 4(9)(f)(i)
- Sch. 2 para. 8(2) inserted by 2022 c. 4 (N.I.) s. 4(9)(f)(iii)
- Sch. 2 para. 8(1) words substituted by 2022 c. 4 (N.I.) s. 4(9)(f)(ii)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 13(2)(2A) substituted for s. 13(2) by 2022 c. 4 (N.I.) s. 4(5)
- s. 13(4)(5) added by 2022 c. 4 (N.I.) s. 4(6)
- s. 13A inserted by 2022 c. 4 (N.I.) s. 4(7)
- s. 13A inserted by 2022 c. 4 (N.I.) s. 4(7)
- Sch. 2 para. 8(1) Sch. 2 para. 8 renumbered as Sch. 2 para. 8(1) by 2022 c. 4 (N.I.) s. 4(9)(f)(i)
- Sch. 2 para. 8(2) inserted by 2022 c. 4 (N.I.) s. 4(9)(f)(iii)
- Sch. 2 para. 8(1) words substituted by 2022 c. 4 (N.I.) s. 4(9)(f)(ii)
PART 4VICTIMS AND WITNESSES
The Victim Charter and the Witness Charter
Meaning of victim29
(1)
Subject to subsections (3) to (6), in section 28 “victim” means an individual who is a victim of criminal conduct; and, in relation to a victim, references to “the criminal conduct concerned” are to be construed accordingly.
(2)
In determining whether an individual is a victim of criminal conduct, it is immaterial that no person has been charged with or convicted of an offence in respect of the conduct.
(3)
If (whether as a result of the criminal conduct concerned or not)—
(a)
the physical or mental state of a victim is such that it is unreasonable to expect the victim to act on his or her own behalf, or
(b)
a victim has died,
references in section 28 to the victim are to be read as references to a member of the family of the victim.
(4)
If a victim is under the age of 18, references in section 28 to the victim are to be read as including references to a parent of the victim.
(5)
Subsection (3)(a) and subsection (4) do not apply in any case where a criminal justice agency determines that it would not be in the best interests of the victim for that provision to apply.
(6)
The Victim Charter may make provision—
(a)
as to the persons who are to be treated as members of the family of the victim for the purposes of subsection (3) and the identification of the person who is to act for the purposes of that subsection;
(b)
for criminal justice agencies, in circumstances specified in the Charter, to treat any other person as if that person were the victim (either instead of or in addition to the actual victim or a person who would fall to be treated as the victim under subsection (3) or (4)).
(7)
Nothing in this section enables or requires an individual to be treated as a victim if that individual is under investigation for, or has been charged with, an offence arising from the criminal conduct concerned.
(8)
In this section—
“criminal conduct” means conduct constituting an offence;
“criminal justice agency” has the meaning given by section 28(8);
“parent”, in relation to a child, includes a person who has parental responsibility for the child (within the meaning of the Children (Northern Ireland) Order 1995).