Criminal Justice Bill Notice of Amendments tabled on 6 March 2013 for Further Consideration Stage

New Clause

After clause 12 insert -

‘Criminal proceedings on Sunday

Criminal proceedings on Sunday

12A.-(1) Section 7 of the Sunday Observance Act (Ireland) 1695 (which prohibits the service or execution on a Sunday of any writ, process, warrant, order, judgment or decree, except in certain cases) and any rule of law preventing or restricting the holding of a court on a Sunday do not apply, at any time when this subsection is in operation, in relation to-

(a)  the holding of a magistrates’ court for the purpose of exercising any criminal jurisdiction; or

(b) anything done in the course of, or in connection with, the exercise by a magistrates’ court of any criminal jurisdiction.

(2) Subsection (1)-

(a)  comes into operation on such day as the Department may by order appoint; and

(b) ceases to be in operation one month after that day.

(3) The Department may by order made at any time when subsection (1) is not in operation provide for that subsection to come into operation again on such day as is appointed by the order.

(4) Where subsection (1) comes into operation on a day appointed under subsection (3), it ceases to be in operation one month after that day.

(5) An order under subsection (2) or (3) requires the approval of the First Minister and deputy First Minister acting jointly; and no such order shall be made unless¾

(a)  the Chief Constable has requested the Department to make the order; and

(b) the Department, after consulting the Lord Chief Justice, is of the opinion that such exceptional circumstances exist as to justify the making of the order.’

Minister of Justice

Clause 14, Page 13, Line 36

After ‘subsection (2)’ insert ‘and section (Criminal proceedings on Sunday)’

Minister of Justice

Schedule 3, Page 31, Line 20

Leave out ‘under a disability’ and insert ‘unfit to be tried’

Minister of Justice

Schedule 3, Page 31, Line 34

Leave out paragraph 5 and insert -

‘5. In Article 89 (orders and regulations) after paragraph (2) insert¾

“(2A) An order under Article 63D(5)(c) shall not be made unless a draft of the order has been laid before, and approved by a resolution of, the Assembly.”.’

Minister of Justice

Schedule 3, Page 31, Line 37

Leave out ‘(b)’ and insert ‘(c)’

Minister of Justice

Long Title

After ‘judiciary’ insert ‘; and to permit criminal proceedings on Sunday at certain times’

Minister of Justice