The Criminal Justice (2003 Order) (Commencement No. 4) Order (Northern Ireland) 2007

Made: 29th January 2007

The Secretary of State makes the following Order in exercise of the powers conferred by Article 1(3) of the Criminal Justice (Northern Ireland) Order 2003[^f00001].

Citation

1

This Order may be cited as the Criminal Justice (2003 Order) (Commencement No. 4) Order (Northern Ireland) 2007.

Appointed day

2

The day appointed for the coming into operation of the following provisions of the Criminal Justice (Northern Ireland) Order 2003 is 12th March 2007:

• (a) Articles 7 to 10: and

• (b) Articles 36(2) to the extent that it gives effect to the repeal mentioned in Schedule 2 to that Order of words in the Police and Criminal Evidence (Northern Ireland) Order 1989[^f00002].

Signed

Peter Hain — One of Her Majesty’s Principal Secretaries of State — 29 January 2007

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order brings into operation on 12th March 2007 the following provisions of the Criminal Justice (Northern Ireland) Order 2003 (“the parent Order”) referring to bail:

Article 7 , which amends the criteria under which police take certain bail decisions.

Article 8 , which enhances the powers and duties of the police in granting bail. In particular a police custody officer may require an applicant for bail, once he is charged, to comply with requirements concerning his surrender to custody, not committing other offences or obstructing justice.

Article 9 , which provides a person granted police bail the statutory right to apply to a magistrates’ court for the fresh grant of bail or for different bail conditions.

Article 10 , which enables a magistrates’ court on application by the prosecution, to reconsider the decision of a magistrates’ court or a police custody officer to grant bail.

Article 36 (2) insofar as it gives effect to the repeal of words in Schedule 2 to the parent Order in relation to the Police and Criminal Evidence (Northern Ireland) Order 1989.

Footnotes

[^f00001]: S.I. 2003/1247(N.I.13)

[^f00002]: S.I. 1989/1341 (N.I.12)