The Department of Justice is the authority responsible for providing, maintaining, and the general regulation, direction, and superintendence of prisons and prisoners. The Secretary of State may continue to exercise functions that he exercised immediately prior to the devolution of policing and justice functions, notwithstanding the transfer of those functions to the Department under the […]
Where a prisoner under a sentence is discharged by temporary discharge, the currency of his prison sentence is suspended from discharge until the date of reception back into prison. Every person who has been sentenced to prison or ordered to be detained in a young offender’s center, who is at large without an unlawful excuse, […]
The Justice (Northern Ireland) Act 2002 provided for the appointment of an Attorney General for Northern Ireland. The Attorney General is to be appointed by the First Minister and Deputy First Minister, acting jointly. The Attorney General is to appoint staff, subject to the approval of the First Minister and Deputy First Minister, as to […]
The Public Prosecution Service is to comprise two offices, the Director and Deputy Director of Public Prosecutions. Offices may be set up in such places in Northern Ireland as are considered appropriate for the exercise of the Service’s functions. The Deputy Director and Director generally hold their posts until retirement. The Attorney may extend their […]
A statement made by an accused while in police custody is admissible in evidence only if it is made voluntarily. The prosecution has to prove that the statement had not been obtained by fear of prejudice or hope of advantage held by a person in authority or by a person questioning. The purpose of questioning […]
Under the Terrorism Act, as well as its predecessor, a statement might be excluded only if the person was subject to torture or inhuman or degrading treatment, violence, or the threat of violence in order to induce a statement. The evidentiary standard is significantly higher than the common law or the PACE standard. The codes […]
The right to remain silent and not to incriminate oneself is an inherent part of the concept of a fair trial as recognized under the European Convention on Human Rights. The common-law position was that the exercise of the right to silence would not constitute obstruction or decrease in the exclusion of duties. The prosecution […]
Criminal offences under Northern Ireland law may be tried either summarily in the magistrate’s court or on indictment in the criminal court. A number of offences may be tried either way depending on their seriousness and circumstances. Terrorist-type offences are subject to separate legislation. Summary offences are the less serious offences. They are tried in […]
The Magistrate’s Court is presided over by a Resident Magistrate. It may be constituted by a Resident Magistrate or a lay Magistrate sitting out of Petty Sessions. Magistrate’s Court deals with summary offences or indictable offences which are dealt with summarily. The Magistrate’s Court also deals with the – with committal proceedings in a case […]
There is an initial committal hearing in the magistrate’s court. The purpose is to determine whether there is a case for the accused to answer, i.e., an apparent basis for prosecution. If this is found, the accused is committed for trial to the crown court. Committal proceedings may take place by way of a preliminary […]