Justice (Northern Ireland) Act 2002
| Act of Parliament | |
 | |
| Long title | An Act to make provision about the judiciary in Northern Ireland and to amend section 6 of the Appellate Jurisdiction Act 1876; to make provision about the law officers and other legal officers and the courts in Northern Ireland; to establish a Public Prosecution Service for Northern Ireland, a Chief Inspector of Criminal Justice in Northern Ireland and a Northern Ireland Law Commission; to amend the law of youth justice in Northern Ireland; to make provision for making available to victims of crime information about the release of offenders in Northern Ireland; to make provision about community safety in Northern Ireland; to amend the law of legal aid in Northern Ireland; and for connected purposes. |
|---|---|
| Citation | 2002 c. 26 |
| Introduced by | John Reid MP (Commons) Gareth Williams, Baron Williams of Mostyn (Lords) |
| Territorial extent | Northern Ireland |
| Dates | |
| Royal assent | 24 July 2002 |
Status: Current legislation | |
| Text of statute as originally enacted | |
| Text of the Justice (Northern Ireland) Act 2002 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk. | |
The Justice (Northern Ireland) Act 2002 (2002 c. 26 (N.I.)) is an act devolving certain responsibilities for justice to the Northern Ireland Assembly, establishing certain institutions and establishing certain youth justice measures to implement restorative justice.
Background
[edit]In order to implement the Good Friday Agreement, responsibilities for justice were devolved[1]
The Act is the final product of the Criminal Justice Review.[2]
Full implementation of the Act was delayed due to the period of Direct Rule during 2002-2007.[3]
Provisions
[edit]- The Act established the Youth Justice Agency[4]
- The Act established the Northern Ireland Youth Conferencing Service[4][5]
- The Act creates the new offices of Attorney General for Northern Ireland and the Advocate General for Northern Ireland[6]
- The Act established the Public Prosecution Service for Northern Ireland.[7]
- The Act established the Criminal Justice Inspection Northern Ireland and the Chief Inspector for Criminal Justice[8]
- The Act established the Northern Ireland Law Commission[9]
- The Act established new community sentences[10]
- The Act established established a statutory aim to "protect the public by preventing offending and reoffending by children"[10] by encouraging children to "recognise the effects of crime and to take responsibility for their actions" and "furthering their personal, social and educational development"[11]
- The Act establishes the role of "lay magistrate" as part of the youth justice measures[12]
The Act also transfers the power to remove or suspend a person holding a listed judicial office, so that it is now exercisable by the Lord Chief Justice.[13] At the time, there was some discomfort with the concept of "lay magistrate" among justices of the peace.[14]
The youth justice measures have two types of disposal:[15]
- diversionary conference: referred by the public prosecution service
- court-ordered conference
Reception
[edit]The use of community sentences and youth conferences reduced the rate of reoffending.[10]
The use of youth conferencing has been described as restorative justice.[16]
See also
[edit]- Northern Ireland Act 2000
- Police (Northern Ireland) Act 2000
- Police (Northern Ireland) Act 2003
- Justice (Northern Ireland) Act 2004
- Northern Ireland Act 2009
References
[edit]- ^ "Justice must be matched by peace". The Guardian. 2002-10-18. Archived from the original on 2014-09-09. Retrieved 2024-10-03.
- ^ "Justice (Northern Ireland) Act 2002" (PDF). Committee on the Administration of Justice. n.d. Archived (PDF) from the original on 2022-08-20. Retrieved 2024-10-03.
- ^ Université des Sciences Sociales Toulouse; Mailhes, Christian (2005-03-15). "Northern Ireland in Transition: The Role of Justice". Estudios Irlandeses (0): 77–90. doi:10.24162/EI2005-987.
- ^ a b Case, Stephen; Johnson, Philip; Manlow, David; Smith, Roger S.; Williams, Katherine S. (2017). "The criminal justice system in Northern Ireland". Criminology. Oxford: Oxford University Press. ISBN 978-0-19-873675-2.
- ^ "Welcome". Attorney General for Northern Ireland. Archived from the original on 2022-06-10. Retrieved 2024-10-03.
- ^ McCormick, Conor (2019-11-20). "Reviewing the Reviewability of the Attorney General for Northern Ireland". Public Law. 22 – via SSRN.
- ^ "PPS governance and accountability arrangements". Public Prosecution Service for Northern Ireland. n.d. Archived from the original on 2020-07-06. Retrieved 2024-10-03.
- ^ "ABOUT US". Criminal Justice Inspection Northern Ireland. Archived from the original on 2017-10-19. Retrieved 2024-10-03.
- ^ "About Us". Northern Ireland Law Commission. Archived from the original on 2017-09-28. Retrieved 2024-10-03.
- ^ a b c Jacobson, Jessica; Penelope, Gibbs (2009-10-19). Making Amends: restorative youth justice in Northern Ireland (PDF) (Report).
- ^ Weber, Leanne; Fishwick, Elaine; Marmo, Marinella (2016-08-25). The Routledge International Handbook of Criminology and Human Rights (1 ed.). London: Routledge. doi:10.4324/9781315679891. ISBN 978-1-315-67989-1.
- ^ "LAY MAGISTRATES' HANDBOOK" (PDF). Judiciary of Northern Ireland. Archived (PDF) from the original on 2024-06-12. Retrieved 2024-10-03.
- ^ "Review of Judicial Appointments in Northern Ireland". Northern Ireland Assembly. 2012-04-26. Archived from the original on 2024-05-30. Retrieved 2024-10-03.
- ^ "THE HISTORY OF LAY INVOLVEMENT IN THE ADMINISTRATION OF JUSTICE IN NORTHERN IRELAND" (PDF). Cengage. Archived (PDF) from the original on 2024-10-03. Retrieved 2024-10-03.
- ^ O'Mahony, David (2010). "Northern Ireland". Juvenile justice systems in Europe: current situation and reform developments. Forum Verlag Godesberg GmbH. pp. 957–989.
- ^ O'Mahony, David; Butler, Michelle (2022-11-22). "Restorative justice in Northern Ireland: empowering victims, offenders and communities?". European volume of the encyclopedia of restorative justice.