Justice (Northern Ireland) Act 2002
The Justice (Northern Ireland) Act 2002 (c. 26) is an act of the Parliament of the United Kingdom 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 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]Notes
[edit]References
[edit]- ↑ "Justice must be matched by peace". The Guardian. 18 October 2002. Archived from the original on 9 September 2014. Retrieved 3 October 2024.
- ↑ "Justice (Northern Ireland) Act 2002" (PDF). Committee on the Administration of Justice. n.d. Archived (PDF) from the original on 20 August 2022. Retrieved 3 October 2024.
- ↑ Université des Sciences Sociales Toulouse; Mailhes, Christian (15 March 2005). "Northern Ireland in Transition: The Role of Justice". Estudios Irlandeses: 77–90. doi:10.24162/EI2005-987.
- 1 2 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 10 June 2022. Retrieved 3 October 2024.
- ↑ McCormick, Conor (20 November 2019). "Reviewing the Reviewability of the Attorney General for Northern Ireland". Public Law. 22. SSRN 3095540 – via SSRN.
- ↑ "PPS governance and accountability arrangements". Public Prosecution Service for Northern Ireland. n.d. Archived from the original on 6 July 2020. Retrieved 3 October 2024.
- ↑ "ABOUT US". Criminal Justice Inspection Northern Ireland. Archived from the original on 19 October 2017. Retrieved 3 October 2024.
- ↑ "About Us". Northern Ireland Law Commission. 3 March 2008. Archived from the original on 28 September 2017. Retrieved 3 October 2024.
- 1 2 3 Jacobson, Jessica; Penelope, Gibbs (19 October 2009). Making Amends: restorative youth justice in Northern Ireland (PDF) (Report).
- ↑ Weber, Leanne; Fishwick, Elaine; Marmo, Marinella (25 August 2016). 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 12 June 2024. Retrieved 3 October 2024.
- ↑ "Review of Judicial Appointments in Northern Ireland". Northern Ireland Assembly. 26 April 2012. Archived from the original on 30 May 2024. Retrieved 3 October 2024.
- ↑ "THE HISTORY OF LAY INVOLVEMENT IN THE ADMINISTRATION OF JUSTICE IN NORTHERN IRELAND" (PDF). Cengage. Archived (PDF) from the original on 3 October 2024. Retrieved 3 October 2024.
- ↑ 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 (22 November 2022). "Restorative justice in Northern Ireland: empowering victims, offenders and communities?". European Volume of the Encyclopedia of Restorative Justice.
External links
[edit]- Text of the Justice (Northern Ireland) Act 2002 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.
- Text of the Justice (Northern Ireland) Act 2002 as originally enacted or made within the United Kingdom, from legislation.gov.uk.