The general legislation on police powers in Northern Ireland is similar to that in England and Wales, namely the Police and Criminal Evidence (NI) Order 1989 as amended. This is commonly called PACE for short. Additional offences are now covered in the Terrorism Act 2000 as amended, which is a UK-wide act. The Army may […]
The concept of Antisocial Behaviour Orders (ASBOs) was introduced in England and Wales in 1998. An application for an Antisocial Behaviour Order may be made in the Magistrate’s Court. A District Council, Chief Constable, or Northern Ireland Housing Executive may apply for an Antisocial Behaviour Order in respect of a person aged 10 or over, […]
The Criminal Evidence (Northern Ireland) Act 1939 provides that every person charged with an offence shall be a competent witness for the defence at every stage of the proceedings, whether charged solely or jointly with any person. A person charged will not be called as a witness except on their own application. A person charged, […]
Where a person is arrested for an offence, and there is on them or on their clothing, footwear, or otherwise in their possession, or in any place in which they are at the time of their arrest, any object, substance, or mark, or there is any mark on any object, and that or another constable […]
The Criminal Justice (Evidence) (Northern Ireland) Order 2004 amends the law on the admissibility of evidence of bad character, hearsay evidence, evidence by way of video recording in criminal proceedings, and the use of documents to refresh memory. Evidence of bad character is evidence of, or a disposition to misconduct. It does not include evidence […]
The Criminal Justice (Evidence) (Northern Ireland) Order 2004 revises the hearsay evidence rules in criminal proceedings. In criminal proceedings, a statement not made in oral evidence at the proceedings is admissible as evidence in certain circumstances. They are as follows: It is admissible by rules of law preserved by the legislation. It is specifically admissible […]
Rules in relation to a person’s reputation and character, as to character, are admissible for the purpose of proving his good or bad character. This is preserved only insofar as it allows the court to treat such evidence as proving the matter concerned. Rules of law allowing evidence of reputation or family tradition are admissible […]
The Fines and Penalties (Northern Ireland) Order 1984 contains the principal general legislation on fines. Where a person is convicted on indictment of an offence, whether punishable only on indictment or on indictment or on summary conviction, and would be liable to a fine not exceeding a specified amount, he shall, by virtue of the […]
There is provision for compensation orders against convicted persons. Where a person is convicted of an offence, the court, instead of or in addition to dealing with him in any other way, may make an order, compensation order requiring him to pay compensation for personal injury, loss, or damage resulting from the offence or any […]
The 2002 Criminal Injuries Compensation (NI) Order legislates for a scheme of criminal injuries compensation to be made by the Department of Justice. The scheme shall provide circumstances in which awards are to be made; the categories of persons to whom they may be made. The scheme shall be known as the NI Criminal Injuries […]