Northern Ireland Orders in Council

(a) in or in connection with proceedings for an offence to a person who is accused or convicted of the offence, or

(b) in connection with an offence to a person who is under arrest for the offence or for whose arrest for the offence a warrant (endorsed for bail) is being issued.

    (2) In paragraph (1) - 

"bail" does not include bail grantable under section 67 of the Terrorism Act 2000 (c. 11);

"law" includes common law;

"offence" includes an alleged offence.

    (3) For the purposes of paragraph (1) any of the following shall be treated as a conviction - 

(a) a finding of guilt;

(b) a finding under Article 51 of the Magistrates' Courts (Northern Ireland) Order 1981 (NI 26) (remand for inquiry into physical or mental condition) that the person charged did the act or made the omission charged;

(c) a finding mentioned in Article 50A(1) of the Mental Health (Northern Ireland) Order 1986 (NI 4) (not guilty by reason of insanity, or unfit to be tried etc.);

(d) a conviction of an offence for which an order is made placing the offender on probation or discharging him absolutely or conditionally.

    (4) This Article applies - 

(a) whether the offence was committed in Northern Ireland or elsewhere; and

(b) whether it is an offence under the law of Northern Ireland or of any other country or territory.

"custody time limit" means a time limit imposed by regulations in pursuance of paragraph (1)(b) of Article 12;

"overall time limit" means a time limit imposed by regulations in pursuance of paragraph (1)(a) of Article 12;

"specified" means specified in regulations;

but where a custody time limit or an overall time limit has been extended by a court by virtue of paragraph (2)(c) of Article 12 "custody time limit" or "overall time limit", as the case may be, means the limit as so extended.

    (2) In Article 12 and Article 13 - 

"custody of the Crown Court" includes custody to which a person is committed in pursuance of - 

(a) Article 37 or 40(4) of the Magistrates' Courts (Northern Ireland) Order 1981 (NI 26) (magistrates' court committing accused for trial);

(b) section 51(8) of the Judicature (Northern Ireland) Act 1978 (c. 23) (magistrates' court dealing with a person brought before it following his arrest in pursuance of a warrant issued by the Crown Court);

(c) Article 4(3)(a) of the Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988 (NI 16) (magistrates' court dealing with a person to whom notice of transfer under that Order relates); or

(d) paragraph 2(1)(a) of Schedule 1 to the Children's Evidence (Northern Ireland) Order 1995 (NI 3) (magistrates' court dealing with a person to whom notice of transfer under that Order relates);

"custody of a magistrates' court" means custody to which a person is committed in pursuance of Article 47 or 49 of the Magistrates' Courts (Northern Ireland) Order 1981;

"law about bail" means any statutory provision or rule of law relating to bail;

"preliminary stage", in relation to any proceedings, does not include any stage after the start of the trial (within the meaning given by Article 13).

(a) he has sexual intercourse with a person who at the time of the intercourse does not consent to it; and

(b) at the time he knows that the person does not consent to the intercourse or is reckless as to whether that person consents to it.

    (2) Any reference to rape in a statutory provision shall be construed in accordance with paragraph (1).

    (3) It is hereby declared that if at a trial for a rape offence the jury has to consider whether a man believed that a person was consenting to sexual intercourse, the presence or absence of reasonable grounds for such a belief is a matter to which the jury is to have regard, in conjunction with any other relevant matters, in considering whether he so believed.

    (4) In this Article - 

"man" includes a male person of any age;

"rape offence" means rape, attempted rape, aiding, abetting, counselling and procuring rape or attempted rape, incitement to rape, conspiracy to rape, assault with intent to rape and burglary with intent to rape; and

(a) a person enters into a recognizance;

(b) it is a condition of the recognizance that he appears before the Crown Court; and

(c) he fails to appear in accordance with the condition,

the Crown Court shall exercise the powers conferred by section 10 of the Fines Act (Ireland) 1851 (c. 90) (estreat of recognizances) in relation to his recognizance (whether or not it also exercises its powers in relation to any surety for that person).

    (2) In Article 138 of the Magistrates' Courts (Northern Ireland) Order 1981 (Nl 26) (estreat of recognizances), for paragraphs (2) and (3) there shall be substituted the following paragraphs - 

    " (2) Paragraphs (2A) and (2B) apply where - 


(a) a recognizance to keep the peace or to be of good behaviour or to keep the peace and be of good behaviour has been entered into before a magistrates' court; or

(b) it is a condition of any recognizance that a person appears before a magistrates' court or at a police station; or

(c) any other recognizance may be enforced by a court of summary jurisdiction.



    (2A) If, in the case of a recognizance a condition of which is that an accused appears before a magistrates' court, the accused fails to appear in accordance with the condition, the court shall - 



(a) order the estreat of the recognizance; and

(b) direct the issue of a summons to any surety for that person requiring the surety to appear before a court of summary jurisdiction on a date specified in the summons to show cause why he should not pay the sum in which he is bound;



and on that date the court may proceed in the absence of any surety if it is satisfied that he has been served with the summons.

    (2B) If, in any other case falling within paragraph (2), the recognizance appears to the magistrates' court to be forfeited, the court may order the estreat of the recognizance on each person bound by it, whether as principal or surety, but, in a case falling within paragraph (2)(a), the court shall not order the estreat of the recognizance except on complaint.

    (3) The power of the court under paragraph (2A) or (2B) to order the estreat of the recognizance includes power to order the estreat of the recognizance to such lesser amount as the court thinks fit and power to remit payment of the amount due under the recognizance.".

(a) in subsection (1), for paragraph (b) and the words following that paragraph substitute - 


" (b) remand him on bail, that is to say, direct him to surrender himself into the custody of the officer in charge of a specified police station at the time to be appointed by that officer and notified in writing to the person so remanded.";



(b) in subsection (2), for the words from the beginning to "so served" substitute "The time to be appointed for the purposes of subsection (1) above by the officer and notified to the person so remanded";

(c) in subsection (3), for the words from "release" to the end substitute "grant him bail subject to a duty to surrender himself into the custody of the officer in charge of the station specified under subsection (1) above at the time appointed by that officer and notified in writing to him; and subsection (2) above shall apply to the appointment of a time for the purposes of this subsection as it applies to the appointment of a time for the purposes of subsection (1) above";

(d) in subsection (4) for the words "in the recognizance" substitute "under subsection (1) above" and for "release him" substitute "grant him bail".



Children and Young Persons Act (Northern Ireland) 1968 (c. 34)

     6. In Schedule 1 (offences against children) - 

(a) in the entry beginning "Any offence under section 27", for "52, 61 or 62" substitute "or 52";

(b) in the entry beginning "Any attempt to commit" omit "section 61 or 62 of the Offences against the Person Act 1861,";

(c) at the end add the following entry - 

" Any offence against a child or young person under Article 19, 20 or 21 of the Criminal Justice (Northern Ireland) Order 2003 or any attempt to commit such an offence.".

     " 23. Offences under Article 21 of the Criminal Justice (Northern Ireland) Order 2003 (indecent assault on a male).".

     " 7. Buggery with a person under the age of 16.".

(a) after paragraph (h) insert the following paragraph - 


" (hh) any offence under any of the following provisions of the Criminal Justice (Northern Ireland) Order 2003 - 


(i) Article 19 (buggery);

(ii) Article 20 (assault with intent to commit buggery);

(iii) Article 21 (indecent assault on a male);";



(b) in paragraph (i), for "(h)" substitute "(hh)".

     13. In section 4(8)(d) (special rules for cases of incest or buggery), for "section 61 of the Offences against the Person Act 1861" substitute "Article 19 of the Criminal Justice (Northern Ireland) Order 2003".

     14. In section 6(2A) (victims of conspiracy, etc.) - 

(a) in paragraph (a), for "(h)" substitute "(hh)";

(b) in paragraph (b), for "(h)" substitute "(hh)".

Vehicle Excise and Registration Act 1994 (c. 22)

     15. In section 32(l)(c) (person treated as convicted if discharged absolutely or conditionally or placed on probation) - 

(a) for "Probation Act (Northern Ireland) 1950" substitute "Article 4 of the Criminal Justice (Northern Ireland) Order 1996";

(b) the words "or placing him on probation" shall cease to have effect.

Criminal Procedure and Investigations Act 1996 (c. 25)

     16. In section 1(2) (as set out in paragraph 4 of Schedule 4), at the end of paragraph (e) add - 

" or
(f) an indictment charging a person with an indictable offence is presented under Article 16(4)(a) of the Criminal Justice (Northern Ireland) Order 2003".


Sexual Offences (Conspiracy and Incitement) Act 1996 (c. 29)

     17. In the Schedule (listed sexual offences), in paragraph 2 - 

(a) in sub-paragraph (1), after paragraph (d) add the following paragraph - 


" (e) an offence under Article 21 of the Criminal Justice (Northern Ireland) Order 2003 (indecent assault on a male)";



(b) in sub-paragraph (2), for "and (c)(ii)" substitute ", (c)(ii) and (d)".



Industrial Tribunals (Northern Ireland) Order 1996 (NI 18)

     18. In Article 13 (restriction of publicity in cases involving sexual misconduct), in paragraph (b) of the definition of "sexual offence" in paragraph (4) - 

(a) in sub-paragraph (i) "61 or 62" shall cease to have effect;

(b) after sub-paragraph (vi) insert the following sub-paragraph - 


" (vii) Article 19, 20 or 21 of the Criminal Justice (Northern Ireland) Order 2003;".


Criminal Justice (Northern Ireland) Order 1996 (NI 24)

     19. In Article 2(2) (interpretation), in the definition of "sexual offence", for the words from "has the same meaning" onwards there shall be substituted - 

" means any of the following - 
(a) a sexual offence within the meaning of Schedule 1 to the Criminal Justice (Children) (Northern Ireland) Order 1998;

(b) an offence under section 3 of the Sexual Offences (Amendment) Act 2000;

(c) an offence under Article 3 of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 of attempting to commit any of the offences in paragraph (a) or (b);

(d) an offence under Article 9 of that Order of conspiracy to commit any of those offences;

(e) an offence of inciting another to commit any of those offences;".


Sex Offenders Act 1997 (c. 51)

     20. In Schedule 1 (sexual offences to which Part I applies), in paragraph 3 - 

(a) in sub-paragraph (1) at the end of paragraph (k) add


     " and

(l) offences under the following provisions of the Criminal Justice (Northern Ireland) Order 2003 - 


(i) Article 19 (buggery);

(ii) Article 20 (assault with intent to commit buggery); and

(iii) Article 21 (indecent assault on a man)";



(b) in sub-paragraph (2) - 



(i) in paragraph (a), for "and (k)" substitute "(k) and (l)(i)";

(ii) in paragraph (b), for "and (e)" substitute ", (e) and (1)";



(c) in sub-paragraph (3), for "(b)(iii) above so far as relating" substitute "(l)(iii) above or (b)(iii) above so far as it related".

     21. In Schedule 2 (sexual offences to which section 7 applies), in paragraph 2 - 

(a) in sub-paragraph (1) - 


(i) at the end of paragraph (d) "and" shall cease to have effect;

(ii) at the end of paragraph (e) add


     " and

(f) offences under - 


(i) Article 19 of the Criminal Justice (Northern Ireland) Order 2003 (buggery);

(ii) Article 20 of that Order (assault with intent to commit buggery); and

(iii) Article 21 of that Order (indecent assault on a boy)";



(b) in sub-paragraph (2), for "and (c)(ii)" substitute "(c)(ii) and (f)".



Criminal Justice (Children) (Northern Ireland) Order 1998 (NI 9)

     22. In Schedule 1 (definitions of "sexual offence" etc.), in paragraph 1, after sub-paragraph (k) add the following sub-paragraph - 

" (l) Articles 19, 20 and 21 of the Criminal Justice (Northern Ireland) Order 2003".


Youth Justice and Criminal Evidence Act 1999 (c. 23)

     23. In section 44 (restrictions on reporting alleged offences involving persons under 18) - 

(a) in subsection (11) after the words "Crown Court" in both places where they occur insert ", or in Northern Ireland a county court,";

(b) in subsection (12) after the words "Crown Court" insert "or in Northern Ireland a county court".

Criminal Evidence (Northern Ireland) Order 1999 (NI 8)

     24. In Article 3(1) (meaning of "sexual offence") - 

(a) heads (iii) and (iv) of sub-paragraph (b) shall cease to have effect;

(b) after sub-paragraph (g) add the following sub-paragraph - 


" (gg) any offence under the following provisions of the Criminal Justice (Northern Ireland) Order 2003 - 


(i) Article 19 (buggery);

(ii) Article 20 (assault with intent to commit buggery);

(iii) Article 21 (indecent assault on a male).".

     25. In Article 23 (protection of child complainants and other child witnesses), in paragraph (3)(c) for "section 1 or 2 of the Child Abduction Act 1984" substitute "Article 3 or 4 of the Child Abduction (Northern Ireland) Order 1985".

Crown copyright 2003

Prepared 11 September 2003