Justice and Security (Northern Ireland) Act 2007

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Justice and Security (Northern Ireland) Act 2007[1]
Parliament of the United Kingdom
Long titleAn Act to make provision about justice and security in Northern Ireland.
Citation2007 c 6
Introduced byPeter Hain MP, Secretary of State for Northern Ireland (Commons)
Lord Rooker (Lords)
Dates
Royal assent24 May 2007
Status: Partly in force
History of passage through Parliament
Text of statute as originally enacted
Revised text of statute as amended

The Justice and Security (Northern Ireland) Act 2007 (c 6) is an Act of the Parliament of the United Kingdom. Its purpose is to facilitate security normalisation in Northern Ireland.[2]

Provisions

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The Act's main provisions are to:[3]

  • provide for jury reform and to establish a new system of non-jury trial after the abolition of Diplock courts
  • reform the powers of the Armed Forces, police and the Secretary of State
  • extend the Security Industry Authority to include Northern Ireland
  • extend the responsibilities of the Northern Ireland Human Rights Commission

The Act includes provisions to allow police to conduct stops and searches for munitions and wireless devices.[4] Police do not require "reasonable suspicion" to conduct a stop and search - instead the Act only requires that it be a part of counter-terror laws or there is a risk of serious violence or disorder.[5]

Under the Act, non-jury trials require the Director of Public Prosecutions to issue a certificate, where the administration of justice may be impacted by there being a jury trial.[6] Three of the conditions for this to happen relate to proscribed organisations.[6]

Section 8 - Supplementary

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Section 8(4) extended section 4 of the Terrorism (Northern Ireland) Act 2006.

Section 53 - Commencement

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Orders made under section 53(4):

  • The Justice and Security (Northern Ireland) Act 2007 (Commencement No.1 and Transitional Provisions) Order 2007] (S.I. 2007/2045 (C.76))[7]
  • The Justice and Security (Northern Ireland) Act 2007 (Commencement No.2) Order 2007] (S.I. 2007/3069 (C.121))[8]
  • The Justice and Security (Northern Ireland) Act 2007 (Commencement No.3) Order 2009] (S.I. 2009/446 (C.29))[9]

Reception

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Ian Paisley Junior criticised the extension of additional powers to the Northern Ireland Human Rights.[10]

References

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  • Current Law Statutes Annotated 2007
  • Clive Walker. Terrorism and the Law. Oxford University Press. 2011. pp 28, 29, 57, 92, 162, 255, 397, 494 to 499, 504, 515 and 526.
  1. ^ The citation of this Act by this short title is authorised by section 54 of this Act.
  2. ^ Explanatory notes, paragraph 3
  3. ^ "Justice and Security (Northern Ireland) Bill". BBC News. 16 November 2006. Archived from the original on 25 May 2025. Retrieved 25 May 2025.
  4. ^ Erwin, Alan (1 March 2025). "Caolan Reynolds: PSNI ruled to have acted lawfully in stopping and searching Lurgan man up to 20 times in a year". Northern Ireland World. Archived from the original on 11 April 2025. Retrieved 25 May 2025.
  5. ^ O'Neill, Julian (3 December 2020). "PSNI apology to 115 people held in stop-and-search error". BBC News. Archived from the original on 22 December 2020. Retrieved 25 May 2025.
  6. ^ a b Rozenberg, Joshua (1 October 2018). "The right to a jury trial in Northern Ireland". Law Society Gazette. Archived from the original on 8 July 2024. Retrieved 25 May 2025.
  7. ^ Digitised copy
  8. ^ Digitised copy
  9. ^ Digitied copy
  10. ^ "Paisley calls for removal of Human Rights Commissioner". The Irish Examiner. 13 December 2006. Archived from the original on 25 May 2025. Retrieved 25 May 2025.
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