Justice Offices

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 number, salary, and conditions of service.

The functions of the Attorney General are to be exercised independently of any other person. A person is not qualified for appointment unless they are a member of the Bar or a solicitor of ten years’ standing.

A person may be appointed for up to five years at a time. The Attorney General may not be a member of the Assembly. The Attorney General may be removed from office by the First Minister and Deputy First Minister, acting jointly as a tribunal, as convened by law. The law recommends that they be so removed on the grounds of their behaviour or inability to perform the functions. They may be suspended from office pending a decision.

A tribunal may be convened by the First and Deputy First Minister, acting jointly. It is to consist of senior judges of the High Court, other than certain officeholders or judges in England and Wales and Scotland. The selection of persons is to be chosen by the Lord Chancellor.

The Attorney General may participate in proceedings of the Assembly to the extent allowed by standing orders. They may not vote. The Assembly standing orders generally may apply to the Attorney General as if they were a member.

The Attorney General may, in proceedings of the Assembly, decline to answer any question or produce any document relating to the operation of the systems of prosecution of the offences if they consider the question or document publication might prejudice criminal proceedings in that case or would otherwise be against the public interest.

The Attorney General is to make an annual report to the office of the Deputy First Minister and First Minister. The report is to be published. Powers may be exercised if they are against the public interest or jeopardize the safety of any person.

There is to be an Advocate General for Northern Ireland. The Advocate General plays an equivalent role to the Attorney General in relation to accepted matters which are not within the competence of the Assembly but are reserved by the Secretary of State and the Westminster Parliament. The Attorney General for England and Wales is the holder of the post, but the Solicitor General serves as their deputy, also carrying out the functions of the Advocate General for Northern Ireland.

The Secretary of State may transfer to the Advocate General functions in relation to giving consent to the conduct of criminal proceedings.

The Advocate General may refer bills of the Assembly to the Judicial Committee of the Privy Council if they are unsure whether they are within the competence of the Assembly. The Attorney General also has the same power. The Advocate General and Attorney General may be involved in proceedings, institution, and defence proceedings in relation to devolution issues.

The Advocate General appoints the Crown Solicitor for Northern Ireland. The holder represents the Crown in civil matters. The Advocate General also appoints special advocates to represent prisoners in the Sentence Review Commissions where the prisoners themselves are not allowed to hear. Special advocates are also used in certain other contexts.

The 2002 Justice Reforms establish the office of Chief Inspector of Criminal Justice in Northern Ireland. The Chief Inspector is appointed by the Secretary of State. The Chief Inspector conducts inspections. The powers extend over a wide range of justice and policing offices, including the Police Service of Northern Ireland, the Police Service of Northern Ireland, the Prosecution Service, Probation Board, Forensic Hematologist Department, Prison Service, Youth Justice Agency, the Northern Ireland Court Service, the Northern Ireland Legal Services Commission, Compensation Agency, various departments, Health Service Executive, Police Ombudsmen, and other entities.

The Chief Inspector ensures the inspection of all aspects of the criminal justice system other than the court. They must not conduct investigations into organizations if they are satisfied that it is already subject to adequate inspection.

The Chief Inspector may inspect the organization’s activity. They may inspect places such as prisons, young offender’s centers, secure accommodation, etc.

The Chief Inspector is to consult the Secretary of State and Attorney General when preparing a programme of inspection. The Secretary of State may require the Chief Inspector to carry out inspections, provide advice, in relation to listed organizations, and to carry out reviews on matters relating to criminal justice, other than relating to a court or tribunal.

The consent of the Attorney General is necessary before the Secretary of State may require the Chief Inspector to carry out inspections of the Public Prosecution Service.

Those carrying out the reviews of the Chief Inspector have the power to require documents and require their production and explanation. It is an offence without reasonable excuse to fail to cooperate.

The Chief Inspector must produce reports to the Secretary of State on each inspection and review they carry out. They must be placed before the Parliament and must be published. The Secretary of State may leave out parts of the report on certain grounds. Reports relating to the Prosecution Service are to be sent to the Attorney General for Northern Ireland.

A Law Commission of Northern Ireland is established. It reviews the criminal and civil law of Northern Ireland, including practice and procedures. It makes recommendations for reform, codification, simplification, and consolidation of legislation.

The Secretary of State appoints a chairman and four commissioners. The chairman must be a High Court judge, and the other commissioners must have experience as a barrister, solicitor, and academic lawyer. The remaining commissioner is a lay person.

They are to be representative of the community in Northern Ireland. The commission is to keep the law of Northern Ireland under review. Its work program is to be approved by the Secretary of State.

It is to provide advice and information and receive remits from the government. The Commission, with the consent of the Secretary of State, may provide advice and information to Northern Ireland’s departments and other bodies on proposals for law reform for any branch of law of Northern Ireland. It has the power to obtain information on legal services and other systems of other countries.

The Secretary of State is to consult with the Lord Chancellor, Attorney General, deputy, and First Minister before approving the Commission’s program of work. It is to consult with the Law Commissions of England and Wales, Scotland, and the Republic of Ireland. It is to report annually on its duty.

The approved program, proposals for reform, and annual reports are to be submitted to the Secretary of State and First and Deputy First Minister. They are to be placed before the Parliament and the Assembly and published by the Commission