Legislation – Justice Act (Northern Ireland) 2015

PART 1
SINGLE JURISDICTION FOR COUNTY COURTS AND MAGISTRATES’ COURTS

1 Single jurisdiction: abolition of county court divisions and petty sessions districts

2 Administrative court divisions

3 Directions as to distribution of business

4 Lay magistrates

5 Justices of the peace

6 Consequential amendments

PART 2
COMMITTAL FOR TRIAL

CHAPTER 1 RESTRICTION ON HOLDING OF PRELIMINARY INVESTIGATIONS AND MIXED COMMITTALS

7 Preliminary investigations

8 Mixed committals: evidence on oath at preliminary inquiry

CHAPTER 2 DIRECT COMMITTAL FOR TRIAL IN CERTAIN CASES

9 Application of this Chapter

10 Direct committal: indication of intention to plead guilty

11 Direct committal: specified offences

12 Direct committal: offences related to specified offences

13 Direct committal: procedures

14 Specified offences: application to dismiss

15 Restrictions on reporting applications for dismissal

16 Supplementary and consequential provisions

PART 3
PROSECUTORIAL FINES

17 Prosecutorial fine: notice of offer

18 Prosecutorial fine notice

19 Amount of prosecutorial fine

20 Restrictions on prosecutions

21 Payment of prosecutorial fine

22 Failure to pay prosecutorial fine

23 Registration certificates

24 Registration of sum payable in default

25 Challenge to notice of registration

26 Setting aside of sum enforceable under section 24

27 Interpretation of this Part

PART 4
VICTIMS AND WITNESSES

28 The Victim Charter

29 Meaning of victim

30 The Witness Charter

31 Procedure for issuing Charters

32 Effect of non compliance

33 Persons to be afforded opportunity to make victim statement

34 Supplementary statement

35 Use of victim statement

36 Disclosure for purposes of victim and witness support services and victim information schemes

PART 5
CRIMINAL RECORDS

37 Restriction on information provided to certain persons

38 Minimum age for applicants for certificates or to be registered

39 Additional grounds for refusing an application to be registered

40 Enhanced criminal record certificates: additional safeguards

41 Review of criminal record certificates

42 Up-dating certificates

43 Applications for enhanced criminal record certificates

44 Electronic transmission of applications

45 Disclosures by Department of Justice to Disclosure and Barring Service

46 Inclusion of cautions and other diversionary disposals in criminal records

47 Consequential amendments

PART 6
CHILD PROTECTION DISCLOSURES

48 Child protection disclosures

PART 7
LIVE LINKS IN CRIMINAL PROCEEDINGS

49 Live links: accused at committal proceedings

50 Live links from another courtroom: first remands,

51 Live links: proceedings for failure to comply with certain orders or licence conditions

52 Live links: expert witnesses

53 Live links: witnesses outside the United Kingdom

54 Live links: patients detained in hospital under Mental Health Order

PART 8
VIOLENT OFFENCES PREVENTION ORDERS

55 Violent offences prevention orders

56 Violent offences prevention order made on conviction, etc.

57 Violent offences prevention order made on application of Chief Constable

58 Qualifying offenders

59 Provisions that violent offences prevention orders may contain

60 Variation, renewal or discharge of violent offences prevention orders

61 Interim violent offences prevention orders

62 Notice of applications

64 Offenders subject to notification requirements

65 Notification requirements: initial notification

66 Notification requirements: changes

67 Notification requirements: periodic notification

68 Notification requirements: absence from notified residence

69 Notification requirements: travel outside the United Kingdom

70 Method of notification and related matters

72 Supply of information to relevant Northern Ireland departments or Secretary of State

73 Supply of information by relevant Northern Ireland departments or Secretary of State

74 Information about release or transfer

75 Power of entry and search of offender’s home address

76 Interpretation of this Part

PART 9
MISCELLANEOUS

77 Removal of maximum age for jury service

78 Preparation of jury lists

79 Persons disqualified for jury service

80 Persons ineligible for jury service

81 Persons excusable as of right from jury service

82 Unpaid community service after early release

83 Power to take further fingerprints or non-intimate samples

84 Retention of material: persons convicted of an offence in England and Wales or Scotland

85 Retention of DNA profiles or fingerprints: persons given a prosecutorial fine

86 Power to retain DNA profile or fingerprints in connection with different offence

87 Retention of personal samples that are or may be disclosable

88 Sentencing court to indicate sentence which would have been imposed if guilty plea entered at earliest reasonable opportunity

89 Meeting a child following sexual grooming etc.

90 Sexual communication with a child

91 General duty to progress criminal proceedings

92 Case management regulations

93 Public Prosecutor’s summons

94 Defence access to premises

95 Powers of court security officers

96 Causing or allowing child or vulnerable adult to suffer serious physical harm

97 Domestic violence protection notices and orders

98 Aims of youth justice system

99 Amendment to section 10 of the Criminal Justice Act (Northern Ireland) 2013

100 Salary of Lands Tribunal members

101 Amendment to Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015

PART 10
SUPPLEMENTARY PROVISIONS

102 Regulations, orders and directions

103 Interpretation

104 Transitional provisions, etc.

106 Commencement

107 Short title

SCHEDULES

SCHEDULE 1 AMENDMENTS: SINGLE JURISDICTION

SCHEDULE 2 AMENDMENTS: DIRECT COMMITTAL FOR TRIAL

SCHEDULE 3 DISCLOSURE OF INFORMATION: VICTIM AND WITNESS SUPPORT SERVICES AND VICTIM INFORMATION SCHEMES

SCHEDULE 4 SCHEDULE INSERTED AS SCHEDULE 8A TO THE POLICE ACT 1997

SCHEDULE 5 AMENDMENTS: CRIMINAL RECORDS

SCHEDULE 6 AMENDMENTS: SERIOUS PHYSICAL HARM TO CHILD OR VULNERABLE ADULT

SCHEDULE 7 DOMESTIC VIOLENCE PROTECTION NOTICES AND ORDERS

SCHEDULE 8 TRANSITIONAL PROVISIONS AND SAVINGS

SCHEDULE 9 REPEALS

Which version?
Latest available (Revised)
Original (As enacted)

Changes to legislation:

Justice Act (Northern Ireland) 2015, Section 46 is up to date with all changes known to be in force on or before 02 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.

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PART 5CRIMINAL RECORDS

Inclusion of cautions and other diversionary disposals in criminal records46

In Article 29 of the Police and Criminal Evidence (Northern Ireland) Order 1989 for paragraph (4) substitute—

“(4)

The Department of Justice may by regulations make provision for recording—

(a)

convictions for such offences as are specified in the regulations (“recordable offences”);

(b)

cautions given in respect of recordable offences;

(c)

informed warnings given in respect of recordable offences;

(d)

diversionary youth conferences in respect of recordable offences.

(5)

For the purposes of paragraph (4)—

(a)

“caution” means a caution given to a person in respect of an offence which, at the time when the caution is given, the person has admitted;

(b)

“diversionary youth conference” has the meaning given by Part 3A of the Criminal Justice (Children) (Northern Ireland) Order 1998.”.