Justice (Northern Ireland) Act 2002

The Justice (Northern Ireland) Act 2002 (2002 c. 26 (N.I.)) is an act devolving certain responsibilities for justice to the Northern Ireland Assembly, establishing certain institutions and establishing certain youth justice measures to implement restorative justice.

Justice (Northern Ireland) Act 2002

Act of Parliament
Long title	An Act to make provision about the judiciary in Northern Ireland and to amend section 6 of the Appellate Jurisdiction Act 1876; to make provision about the law officers and other legal officers and the courts in Northern Ireland; to establish a Public Prosecution Service for Northern Ireland, a Chief Inspector of Criminal Justice in Northern Ireland and a Northern Ireland Law Commission; to amend the law of youth justice in Northern Ireland; to make provision for making available to victims of crime information about the release of offenders in Northern Ireland; to make provision about community safety in Northern Ireland; to amend the law of legal aid in Northern Ireland; and for connected purposes.
Citation	2002 c. 26
Introduced by	John Reid MP (Commons) Gareth Williams, Baron Williams of Mostyn (Lords)
Territorial extent	Northern Ireland
Dates
Royal assent	24 July 2002
Status: Current legislation
Text of statute as originally enacted
Text of the Justice (Northern Ireland) Act 2002 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.

Background

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

• 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 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

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

• Northern Ireland Act 2000
• Police (Northern Ireland) Act 2000
• Police (Northern Ireland) Act 2003
• Justice (Northern Ireland) Act 2004
• Northern Ireland Act 2009