Justice Bill

Supplementary

Minor and consequential amendments

18. In Schedule 4⁠—

      (a)  Part 1 makes consequential amendments relating to bail for children;

      (b)  Part 2 makes minor and consequential amendments relating to the custody of children on sentencing, remand and committal.

Transitional provisions and savings: custody of children

19.—(1) The amendments made by sections 9 to 17, section 18(b) and Part 2 of Schedule 4 apply in relation to any sentence, remand or committal ordered by a court after commencement (whether the proceedings in which the order is made began before or after commencement); but this is subject to subsection (2).

(2) The amendments made by section 11(1) and paragraph 7(3)(a) of Schedule 4 (which relate to orders to be detained in a young offenders centre) do not apply where a court is passing a sentence in respect of an offence committed before commencement.

(3) Nothing in sections 9 to 17, section 18(b) or Part 2 of Schedule 4 affects the operation of any statutory provision in relation to a sentence, remand or committal to custody ordered by a court before commencement; but this is subject to subsection (4).

(4) In Article 44 of the Criminal Justice (Children) (Northern Ireland) Order 1998, insofar as it continues to have effect by virtue of subsection (3), the reference to “custodial sentence” includes a reference to a youth custody and supervision order.

(5) Where a child is subject to an order to be detained under section 5(1) of the Treatment of Offenders Act (Northern Ireland) 1968⁠—

      (a)  made before commencement and to which subsection (3) applies, or

      (b)  made after commencement in reliance upon subsection (2),

the order has effect as if it required the child to be detained in a juvenile justice centre rather than a young offenders centre.

(6) For the purposes of subsection (2), where the offence is found to have been committed over a period of 2 or more days, or at some time during a period of 2 or more days, it must be taken to have been committed on the first of those days.

(7) In this section⁠—

“child” means a person who is under the age of 18;

“commencement” means the coming into operation of sections 9 to 17, section 18(b) and Part 2 of Schedule 4;

“custody” includes prison;

“sentence” includes an order imposed in respect of an offence.

 

2. In section 10(1) for “, young offenders centre and remand centre” substitute“and young offenders centre”.
3. In section 47(1A)—

(a) omit paragraph (b);

(b) in the words following paragraph (c) omit “and remand centres”.

Treatment of Offenders Act (Northern Ireland) 1968

7.—(1) The Treatment of Offenders Act (Northern Ireland) 1968 is amended as follows.

(2) In section 2—

(a) omit paragraphs (b) and (c);

(b) in the words after paragraph (c) and in the heading omit “and remand centres”.

(3) In section 5—

(a) in subsection (1) omit “, subject to Article 47 of the Criminal Justice (Children) (Northern Ireland) Order 1998,”;

(b) in subsection (3) omit “, subject to Article 46C of the Criminal Justice (Children) (Northern Ireland) Order 1998,”.

4. Omit section 9 and the italic heading before it.
5. In section 33(1) omit the definitions of “remand centre” and “remand home”.

Rehabilitation of Offenders (Northern Ireland) Order 1978

8. In Article 6(6) of the Rehabilitation of Offenders (Northern Ireland) Order 1978, after sub-paragraph (b) insert—

“(ba) a youth custody and supervision order under Article 38A of that Order of 1998;”.

Magistrates’ Courts (Northern Ireland) Order 1981

9.—(1) The Magistrates’ Courts (Northern Ireland) Order 1981 is amended as follows.

(2) In Article 47(6) for sub-paragraph (b) substitute—

“(b) a youth custody and supervision order under Article 38A of the Criminal Justice (Children) (Northern Ireland) Order 1998.”.

(3) In Article 140(2A)(c) for the words from “Article 41(2)” to the end substitute “paragraph 4 or 5 of Schedule 1B to the Criminal Justice (Children) (Northern Ireland) Order 1998”.

Child Abduction (Northern Ireland) Order 1985

10.—(1) The Child Abduction (Northern Ireland) Order 1985 is amended as follows.

(2) In Article 3(7) for “juvenile justice centre order” substitute “youth custody and supervision order”.

(3) In the Schedule, in paragraph 4—

1. in sub-paragraph (1) for “juvenile justice centre order” substitute “youth custody and supervision order”;
2. in sub-paragraph (3) for ““juvenile justice centre order” has the same meaning as in Article 39” substitute ““youth custody and supervision order” has the same meaning as in Article 38A”.

Mental Health (Northern Ireland) Order 1986

11.—(1) The Mental Health (Northern Ireland) Order 1986 is amended as follows.

(2) In Article 44—

(a) in paragraph (1A)(b), for “or (5)” substitute “, (5) or (5A)”; and

(b) in paragraph (8), for the words from “including an order” to the end substitute “including a youth custody and supervision order under Article 38A of the Criminal Justice (Children) (Northern Ireland) Order 1998”.

(3) In Article 50A(7)—

(a) omit sub-paragraph (c);

(b) in the words following paragraph (d) omit “, remand centre”.

(4) In Article 53(5)(a) for the words from “including an order” to “juvenile justice centre” substitute “including a youth custody and supervision order under Article 38A of the Criminal Justice (Children) (Northern Ireland) Order 1998”.

(5) In Article 54(2)(a) omit “or remand centre”.

Criminal Justice Act 1988

12. In section 36(9)(aa) of the Criminal Justice Act 1988, in the text to be substituted, in sub-paragraph (ii) for “or (5)” substitute “, (5) or (5A)”.

Police and Criminal Evidence (Northern Ireland) Order 1989

13. In Article 2(5) of the Police and Criminal Evidence (Northern Ireland) Order 1989 for “, a juvenile justice centre and a remand centre” substitute “and a juvenile justice centre”.

Treatment of Offenders (Northern Ireland) Order 1989

14. In Article 13 of the Treatment of Offenders (Northern Ireland) Order 1989—

• (a) in paragraph (1), for “17” substitute “18”;
• (b) omit paragraph (6);
• (c) in the heading, for “17” substitute “18”.

Criminal Justice Act 1991

15. In section 92 of the Criminal Justice Act 1991, in subsection (4)(b) omit “remand centre or”.

Children (Northern Ireland) Order 1995

16.—(1) The Children (Northern Ireland) Order 1995 is amended as follows.

(2) In Article 2—

1. in paragraph (2), at the appropriate place insert—

““youth custody and supervision order” means an order under Article 38A of the Criminal Justice (Children) (Northern Ireland) Order 1998;”;

2. in paragraph (9)(b) for “juvenile justice centre order” substitute “youth custody and supervision order”.

3. In Article 107(5) for “juvenile justice centre order” substitute “youth custody and supervision order”.
4. In Schedule 4, in paragraph 4(1)(b) for “juvenile justice centre order” substitute “youth custody and supervision order”.

Juries (Northern Ireland) Order 1996

17. In Schedule 2 to the Juries (Northern Ireland) Order 1996, in the entry relating to governors or chaplains of certain establishments, in paragraph (c) omit “remand centre or”.

Criminal Justice (Northern Ireland) Order 1996

18.—(1) The Criminal Justice (Northern Ireland) Order 1996 is amended as follows.

(2) In Article 2(2), in the definition of “custodial sentence”, in paragraph (b)—

1. in sub-paragraph (ii) after “Article 45(1)” insert “or (2)”;
2. for sub-paragraph (iii) substitute—
3.  “(iii) a youth custody and supervision order under Article 38A of the Criminal Justice (Children) (Northern Ireland) Order 1998;”.

(3) In each of the following, for “or (5)” substitute “, (5) or (5A)”— (a) Article 2(9);

(b) Article 4(1);

(c) Article 10(1); (d) Article 13(1); (e) Article 15(1).

Police Act 1997

19.—(1) Section 93 of the Police Act 1997 is amended as follows.

(2) In subsection (6)(cbc) omit sub-paragraph (iii) (but not the “or” at the end).

(3) In subsection (8)—

1. in the definition of “member of senior management for prisons in Northern Ireland”, in paragraph (b) omit “remand centres”;
2. in the definition of “Northern Ireland prison officer” omit “or remand centre”;

(c) in the definition of “relevant Northern Ireland institution” omit “, remand centre”.

Criminal Justice (Children) (Northern Ireland) Order 1998

20.—(1) The Criminal Justice (Children) (Northern Ireland) Order 1998 is amended as follows.

(2) In Article 2—

1. omit the definitions of “juvenile justice centre order”, “remand centre” and “secure accommodation”;
2. at the appropriate place insert—
   ““youth custody and supervision order” means an order under Article 38A;”.
   
   In Article 3A, in paragraphs (6)(c) and (7)(f) for “juvenile justice centre order or custody care order” substitute “youth custody and supervision order”.
   (c)Omit Article 13 (remand in custody).
    

10   (5) In Article 22(3), for sub-paragraph (e) substitute—

“(e) where a youth custody and supervision order is made in respect of the offence, the enforcement of any requirements imposed under Article 38D(3).”.

(6) In Article 45, in paragraph (8) omit “and Article 46”.

(7) In Article 49, in paragraphs (2) and (4) for “juvenile justice centre order” substitute “youth custody and supervision order”.

(8) In Article 51—

(a) in paragraph (1), for “offenders in respect of whom juvenile justice centre orders have been made” substitute “persons”; (b) after that paragraph insert—

“(1A) The persons who are liable to be detained in a juvenile justice centre include—

(a) persons liable to be detained in a juvenile justice centre pursuant to a youth custody and supervision order or any other custodial sentence;

2. persons remanded in or committed to custody in a juvenile justice centre by order of a court;
3. persons taken to a juvenile justice centre in accordance with Article

8(3) or Article 39(6) of the Police and Criminal Evidence (Northern Ireland) Order 1989.”.

(9) In Schedule 1A, in paragraph 8(6)(b)—

1. for “the place to which it would remand him if making an order under Article 13” substitute “a juvenile justice centre”;
2. for “a remand centre” substitute “a young offenders centre”.

(10) In Schedule 2—

(a) in paragraph 1(1) for “juvenile justice centre order” substitute “youth custody and supervision order”; (b) for paragraph 6 substitute—

“6.—(1) A person must not be detained in a juvenile justice centre if the person has attained the age of 18 years and 6 months.

Any power to detain a person in a juvenile justice centre has effect subject to this paragraph.

2. If a person detained in a juvenile justice centre has attained the ageof 18 years, the managers of the centre may, in accordance with arrangements approved by the Department of Justice, transfer the person to a young offenders centre for the unexpired part of the period for which that person is liable to be detained in a juvenile justice centre.
3. In relation to a person transferred to a young offenders centre under this paragraph—

(a) an order under which the person was detained in the juvenile justice centre continues to have effect (subject to sub-paragraph (2));

2. Article 54 (escapes) has effect as if references to a juvenile justice centre were references to a young offenders centre;
3. the references to the managers of the juvenile justice centre in

Articles 38D(2), 49 and 54(1) must be construed as references to the governor of the young offenders centre.

(4) The Department of Justice may at any time order a person who is transferred under this paragraph to be discharged.”.

(11) In Schedule 5 omit paragraphs 3 to 5, 19, 23, 24(a), 25 and 27.

Youth Justice and Criminal Evidence Act 1999

20 21.—(1) Paragraph 3(9) of Schedule 2 to the Youth Justice and Criminal Evidence Act 1999 is amended as follows.

(2) In the inserted subsection (13)—

1. omit paragraph (a);
2. in paragraph (c)(ii) for the words from “juvenile justice centre order” to the end substitute “youth custody and supervision order and to Article 38D(2) and (3) of the Criminal Justice (Children) (Northern Ireland) Order 1998.”.

(3) Omit the inserted subsection (14).

Justice (Northern Ireland) Act 2002

22.—(1) The Justice (Northern Ireland) Act 2002 is amended as follows.

2. In section 46—

(a) in subsection (1) omit sub-paragraph (i); (b) omit subsection (5).

3. Omit section 64.

(4) In section 89 omit subsection (9).

5. In Schedule 11 omit paragraphs 2 and 5.
6. In Schedule 12—

(a) omit paragraphs 14, 30, 32 to 40, 42 to 46, 48, 50 to 52, 55(4), 57, 59, 60, 68, and 72 to 74;

(b) in paragraph 31(3), in inserted paragraph (2A)—

1. 1. in sub-paragraph (c) omit “or 44F(3) or (4)”;
   2. in sub-paragraph (d) omit “44C(3)(a) or”;

(c) in paragraph 67—

(i) in sub-paragraph (3) omit the definition of “custody care order”; (ii) in sub-paragraph (7) omit the definitions of “remand centre” and “secure accommodation”.

Sexual Offences Act 2003

23. In section 131 of the Sexual Offences Act 2003—

(a) for paragraph (d) substitute—

“(d) a period for which a person is ordered to be detained under Article 38A of the Criminal Justice (Children) (Northern Ireland) Order 1998;”;

(b) omit paragraphs (c) and (e).

Marriage (Northern Ireland) Order 2003

24. In Article 29(6) of the Marriage (Northern Ireland) Order 2003, in the definition of “prison” omit “a remand centre and”.

Civil Partnerships Act 2004

25. In section 149(5)(a) of the Civil Partnerships Act 2004 omit “a remand centre and”.

Firearms (Northern Ireland) Order 2004

26. In Article 70(4) of the Firearms (Northern Ireland) Order 2004, in the definition of “appropriate custodial sentence”— (a) omit “and” at the end of sub-paragraph (a);

2. in sub-paragraph (b), after “an offender who” insert “has attained the age of 18 but”;
3. after sub-paragraph (b) add—“and

(c) in the case of an offender who is under the age of 18 at that time, a youth custody and supervision order”.

Criminal Justice (Northern Ireland) Order 2005

27.—(1) The Criminal Justice (Northern Ireland) Order 2005 is amended as follows.

(2) In Article 16 omit paragraph (1).

(3) In Article 25(2) for sub-paragraph (g) substitute—

“(g) a youth custody and supervision order under Article 38A of the Criminal Justice (Children) (Northern Ireland) Order 1998.”.

Violent Crime Reduction Act 2006

28.—(1) Paragraph 2 of Schedule 2 to the Violent Crime Reduction Act 2006 is amended as follows.

2. In sub-paragraph (5)(b) after “the offender” insert “has attained the age of 18 but”.
3. After sub-paragraph (5) insert—

“(5A) On a conviction where— (a) sub-paragraph (3) applies, and

(b) the offender is aged under 18 at the time of conviction, the court must impose (with or without a fine) a youth custody and supervision order of not less than 3 years, unless the court is of the opinion that there are exceptional circumstances relating to the offence or to the offender which justify its not doing so.”.

Counter-Terrorism Act 2008

29. In section 45(3)(a)(v) of the Counter-Terrorism Act 2008 for “juvenile justice centre order under Article 39” substitute “youth custody and supervision order under Article 38A”.

Criminal Justice (Northern Ireland) Order 2008

30.—(1) The Criminal Justice (Northern Ireland) Order 2008 is amended as follows.

(2) In Article 4(1), in the definition of “custodial sentence”—

1. for paragraph (e) substitute—

“(e) a youth custody and supervision order under Article 38A of that Order.”;

2. omit paragraph (f).

20 (3) In each of the following, for “or (5)” substitute “, (5) or (5A)”— (a) Article 4(2)(d);

2. Article 5(1)(b)(iii);
3. Article 7(3)(b); (d) Article 91(2)(b).

(4) Omit Article 36.

5. Omit Article 96.
6. In Schedule 5, in paragraph 7 omit sub-paragraphs (8) and (9).

Criminal Justice Act (Northern Ireland) 2013

31. In Schedule 2 to the Criminal Justice Act (Northern Ireland) 2013, in inserted Article 63H(6) for “juvenile justice centre order under Article 39” substitute “youth custody and supervision order under Article 38A”.

Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015

32. In paragraph 23(1) of Schedule 3 to the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015, in the definition of “custodial sentence”, in paragraph (e), for “39A” substitute “38A”.

Justice Act (Northern Ireland) 2015

33.—(1) The Justice Act (Northern Ireland) 2015 is amended as follows.

(2) In section 51(1)(d)—

1. for “Article 41 of” substitute “Schedule 1B to”;
2. for “Article 40(2) or (3)” substitute “Article 38A(5) or 38D(3) or (4)”.

(3) In section 76(1), in the definition of “custodial sentence”—

(a) for paragraph (e) substitute—

“(e) a youth custody and supervision order under Article 38A of that Order;”;

(b) omit paragraph (f).

(4) In Schedule 1, in paragraph 115 omit sub-paragraph (2).

Mental Capacity Act (Northern Ireland) 2016

10 34.—(1) The Mental Capacity Act (Northern Ireland) 2016 is amended as follows.

2. In section 170(2)(b), for “or (5)” substitute “, (5) or (5A)”.
3. In section 200(4)—

(a) in paragraph (a) for “a juvenile justice centre order under Article 39” substitute “a youth custody and supervision order under Article 38A”; (b) omit paragraph (b) (but not the “or” at the end).

4. In section 220(4) omit paragraph (b).
5. In section 253(1) omit the definition of “remand centre”.

Houses in Multiple Occupation Act (Northern Ireland) 2016

35. In paragraph 8 of Schedule 1 to the Houses in Multiple Occupation Act (Northern Ireland) 2016 for “, a juvenile justice centre or a remand centre” substitute “or a juvenile justice centre”.

Justice Act (Northern Ireland) 2025

36. In the provisions of the Police and Criminal Evidence (Northern Ireland) Order 1989 inserted by section 1 of this Act, in Article 63M(9) for “a juvenile justice centre order under Article 39” substitute “a youth custody and supervision order under Article 38A”.