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ADMINISTRATION OF JUSTICE ACT (NORTHERN IRELAND) 1954

ADMINISTRATION OF JUSTICE ACT (NORTHERN IRELAND) 1954 - LONG TITLE

An Act to make provision with respect to certain courthouses and
courtrooms, including provision for the future maintenance and custody
thereof; to provide that certain expenses shall be defrayed wholly
out of voted moneys and to wind-up the Dogs Act Account and the
Petty Sessions Clerks (Northern Ireland) Fund; to require certain
fines to be paid into the Exchequer; to make further provision with
respect to costs and expenses payable in connection with court
proceedings; to alter the law regarding certain resident magistrates
and officials and to make further amendments relating to the
administration of justice{1}.
[30th March 1954]
PART ICourthouses

ADMINISTRATION OF JUSTICE ACT (NORTHERN IRELAND) 1954 - SECT 1
Interpretation of Part 1.

1. In this Part of this Act:

"council" means the council of a county;

"county" includes a county borough;

"courthouse" means any premises, other than a courtroom, the whole
or any part of which is used as courthouse accommodation, and
includes any part of such premises which a council is permitted,
pursuant to sub-section (3) of section seventy-two of the Local
Government (Ireland) Act, 1898, to use for the purpose of the
execution of their duties, together with all buildings, houses,
out-offices, edifices, fixtures, fittings, yards, gardens, ways, paths,
passages, fences, lights, watercourses, easements, profits, liberties,
amenities, privileges, advantages, hereditaments, appurtenances and
rights whatsoever belonging or in anywise appertaining to those
premises or any part thereof or usually held, used, occupied or
enjoyed in connection therewith;

"courthouse accommodation" means accommodation used

(a)wholly or partly for or in connection with the sittings of any
court of justice (including retiring rooms for the presiding judge
or magistrate, retiring or refreshment rooms for ... jurors, members
of the legal profession, litigants and witnesses and places for the
temporary detention of prisoners); or

(b)by any officer of any such court; or

(c)for or in connection with the transaction of any business by law
assigned to or usually transacted in or by any office or officer
of any such court, or by law assigned to any under-sheriff, both
during the sitting of such court and at all other times, whether
such business is court business or not;

"courtroom" means any room or premises rented to a council, pursuant
to section seventy-seven of the Grand Jury (Ireland) Act, 1836, or
section eight of the Petty Sessions (Ireland) Act, 1851, as from
time to time in force, for the holding of petty sessions;

"maintenance and equipment" includes the provision and repair of all
necessary fixtures, fittings and furniture, the supply of heating and
lighting, and the provision of all necessary services, including
cleaning.

ADMINISTRATION OF JUSTICE ACT (NORTHERN IRELAND) 1954 - SECT 2
Ministry to be responsible, in place of county councils, for future
provision and maintenance of courthouses.

2.(1) Subject to the provisions of this Act, each council shall, in
consideration of

(a)the transfer to the Ministry of Home Affairs (in this Act
referred to as "the Ministry") of courthouses pursuant to the
provisions of this Part of this Act; and

(b)the payment into the Exchequer of the funds referred to in Part
II of this Act and the repeal of any enactment requiring any part
of those funds to be paid to any council;

(2) The Ministry shall have and may exercise all such powers as
are necessary for or incidental to the carrying out of its
functions under this Part of this Act or to enable it to discharge
its responsibilities as aforesaid.

(3) Where it appears to the Ministry to be necessary or expedient
for the purpose of this Act that any land should be acquired, the
Ministry may, with the approval of the Ministry of Finance, acquire
by agreement that land and any easement or right in or over any
land adjacent thereto.

(4) The Ministry, with the approval of the Ministry of Finance,
may, in whatsoever manner it may think fit, dispose of any premises
which in the opinion of the Ministry are no longer necessary for
courthouse accommodation, so, however, that where the Ministry so
disposes of any premises before the day falling ten years after the
appointed day and does not provide or has not provided other
courthouse accommodation in lieu thereof the Ministry may pay the
proceeds of such disposal to the council in whom such premises were
vested immediately before the appointed day.

Ss.3,4 spent

Supplementary provisions as to transfer of courthouses and courtrooms.

ADMINISTRATION OF JUSTICE ACT (NORTHERN IRELAND) 1954 - SECT 5

5.(1) The Ministry may require a council to deliver to it, within
such reasonable time as the Ministry may specify, a statement
setting out full particulars of all estates and interests in or
attaching to courthouses and courtrooms owned by or let to the
council and of all property, rights and liabilities held, enjoyed or
incurred in connection therewith, and may require such further
information to be supplied and documents (including plans, title
deeds, agreements and other documents) to be handed over to the
Ministry as may appear to the Ministry to be necessary for the due
transfer of any property, rights or liabilities under this Part of
this Act.

(2) Where, with the permission of the Ministry, the council retains
after the appointed day possession of any document relating to the
title to, or to the tenancy of, or to the control or management
of, any courthouse or courtroom or to any right or liability
connected therewith, the council shall be deemed to have given to
the Ministry an acknowledgment in writing to production of that
document and to delivery of copies thereof and an undertaking in
writing for the safe custody thereof, and section nine of the
Conveyancing and Law of Property Act, 1881, shall, notwithstanding
anything in sub-section (13) thereof, apply to that acknowledgment
and undertaking.

(3) In the construction and for the purposes of any enactment,
judgment, decree, order, award, deed or other instrument or document
(including a policy of insurance) passed or made before the
appointed day in relation to any courthouse or other property,
rights or liabilities transferred under this Part of this Act,
references to the council from whom such property, rights and
liabilities are transferred shall be construed as references to the
Ministry.

(4) Without prejudice to the generality of the preceding provisions
of this section

(a)where any property or right transferred under this Part of this
Act or the title to any such property or right is entered on any
register kept in pursuance of any enactment, the name of the
Ministry shall at its request be substituted for that of the
council on such register and it shall be the duty of the person
keeping such register to comply with such request and to take such
other action as may be necessary on his part to give effect to
any transfer effected under this Part of this Act;

(b)where under this Part of this Act any right or liability of a
council becomes a right or liability of the Ministry, the Ministry
and all other persons shall, as from the appointed day, have the
like rights, powers and remedies for ascertaining, perfecting and
enforcing that right or liability as if the right or liability had
remained a right or liability of the council;

Para.(c) spent

(5)Any question as to whether any property, right or liability has
been or will be transferred under this Part of this Act and any
dispute arising between the Ministry and a council with respect to
any courthouse or courtroom (including a dispute arising with respect
to apportionment of liabilities) may in accordance with county court
rules be referred to and determined by the judge of the county
court having jurisdiction in the area in which the courthouse
concerned is situated, and the determination of such judge on such
reference shall be final.

S.6 rep. by SLR 1976

ADMINISTRATION OF JUSTICE ACT (NORTHERN IRELAND) 1954 - SECT 7
Prison accommodation in Belfast.

7.Subs.(1)(3) spent; subs.(4)(5) rep. by SLR 1976; subs.(6)(7) spent

(8) As from the appointed day the Ministry shall be responsible
pursuant to section three of the Prison Act (Northern Ireland),
1953, for providing and maintaining within the county borough of
Belfast such accommodation as appears to the Ministry to be
necessary for the temporary detention of persons awaiting trial or
sentence.

Subs.(9) spent

ADMINISTRATION OF JUSTICE ACT (NORTHERN IRELAND) 1954 - SECT 8
Prison accommodation in Londonderry.

8.Subs.(1) spent; subs.(2)(3) rep. by SLR 1976

(4) As from the appointed day the Ministry shall be responsible
pursuant to section three of the Prison Act (Northern Ireland),
1953, for providing and maintaining within the county borough of
Londonderry such accommodation as appears to the Ministry to be
necessary for the temporary detention of persons awaiting trial or
sentence.

S.9 spent

Provisions for the charging of capital expenditure on courthouses.

ADMINISTRATION OF JUSTICE ACT (NORTHERN IRELAND) 1954 - SECT 10

10.(1) There shall be [defrayed out of money provided by the
Parliament of the United Kingdom such sums as the Secretary of
State, with the approval of the Treasury], may determine to be
necessary for the acquisition of land or buildings or of any estate
or interest therein for use as courthouse accommodation or for the
erection, improvement, alteration, enlargement, furnishing or equipment
of courthouses or of other premises used or to be used as
courthouse accommodation:

Proviso rep. by SI 1973/2163 art.14(2) sch.6

Local custody and control of courthouse accommodation.

[

ADMINISTRATION OF JUSTICE ACT (NORTHERN IRELAND) 1954 - SECT 11

11. The Lord Chancellor may give directions as to the local custody
and control of any courthouse accommodation provided or maintained
under this Act.]

S.12 rep. by SLR 1976; 1978 c.23 s.122(2) sch.7 Pt.II

ADMINISTRATION OF JUSTICE ACT (NORTHERN IRELAND) 1954 - SECT 13
Non-availability of suitable courthouse accommodation.

13.(1) Where for any reason suitable accommodation is not for the
time being available for the purposes of a particular sitting of
any court, the judge of that court or the person who is to act
as the judge of that court may, at any time after it comes to
his knowledge that such accommodation is not or will not be so
available, direct that sitting to be held at some other convenient
place ... at which suitable accommodation is available.

(2) Where during the sitting of any court accommodation ceases to
be available or becomes unsuitable for the purposes of such sitting,
the judge of the court may adjourn the remainder of the sitting to
any other convenient place ... at which suitable accommodation is
available.

(3) A judge exercising any power of adjournment conferred by this
section may give directions as to the manner in which and the
persons to whom notice of such adjournment is to be given and it
shall be the duty of all persons to whom such directions are given
to comply therewith.

(4) Any judgment delivered or decree or other order made and any
other action taken at a sitting adjourned or directed to be held
elsewhere under this section shall have the same force and effect
as if made at a sitting which had not been so adjourned or
directed to be held elsewhere.

(5) References in this section to a judge include, in relation to
courts of summary jurisdiction, references to a resident magistrate.

Subs.(6) rep. by SI 1973/2163 art.14(2) sch.6; 1978 c.23 s.122(2)
sch.7 Pt.II

ADMINISTRATION OF JUSTICE ACT (NORTHERN IRELAND) 1954 - SECT 14
Power to grant licence for use of courthouse accommodation.

14.(1) [The Lord Chancellor] may licence any person to use for any
purpose the whole or any part of any courthouse accommodation for
any period or periods at such charge and on such conditions as may
be thought proper, so, however, that, notwithstanding anything
contained in the terms of the licence or in any enactment,

(a)the licence shall not operate by way of tenancy nor so as to
create the relationship of landlord and tenant; and

(b)the licence shall not be made for any period or in any
circumstances which would interfere with or prejudice the use of the
courthouse accommodation as courthouse accommodation or interfere with
or prejudice any council in the exercise of their functions; and

(c)the licence may be determined by [the Lord Chancellor] at any
time without notice and without payment of compensation where it
appears to [the Lord Chancellor] to be necessary to do so.

(2) All moneys received for any licence under this section shall be
appropriated in aid of the moneys provided by Parliament for the
purpose of this Act.

(3) Any licensee or other person who fails to vacate courthouse
accommodation required for the sitting of any court or who obstructs
or impedes the sitting of any court shall be guilty of contempt of
that court and the court may impose on him a fine of such amount
as the court thinks proper.

ADMINISTRATION OF JUSTICE ACT (NORTHERN IRELAND) 1954 - SECT 15
Saving for judicial control of courts.

15.(1) Nothing in this Part of this Act shall prejudice or affect
the control of any judge or resident magistrate over the conduct of
the business of his court.

(2) Any caretaker or other officer who is engaged on duties
relating to any court sitting or about to sit in any courthouse
provided or maintained under this Act shall observe and obey all
directions given to him by the judge or resident magistrate
presiding over that court.

ADMINISTRATION OF JUSTICE ACT (NORTHERN IRELAND) 1954 - SECT 16
Application of Part I.

16.(1) Nothing in this Part of this Act shall apply to or affect
the Royal Courts of Justice ....

Subs.(2) rep. by SLR 1973; 1978 c.23 s.122(2) sch.7 Pt.II

S.17 rep. by 1967 c.6 (NI) s.44(2) sch.7 Pt.II; 1970 c.9 (NI)
s.33(2) sch.4; 1978 c.23 s.122(2) sch.7 Pt.II

ADMINISTRATION OF JUSTICE ACT (NORTHERN IRELAND) 1954 - SECT 18
Winding-up of Dogs Acts Account.

18.Subs.(1) spent

(2) As from the appointed day

Para.(a) spent

(b)all sums which but for the passing of this section would have
been paid into or out of the Dogs Acts Account shall, except where
some other provision of this Act otherwise provides, be paid into
or out of the [Consolidated Fund of the United Kingdom].

ADMINISTRATION OF JUSTICE ACT (NORTHERN IRELAND) 1954 - SECT 19
Payments to Petty Sessions Clerks (NI) Fund.

19.Subs.(1) rep. by SLR 1976. Subs.(2)(3) spent

(4) Except where some other provision of this Act otherwise
provides, all sums which but for the passing of this section would
have been paid to the credit of the Petty Sessions Clerks (Northern
Ireland) Fund shall be paid into the [Consolidated Fund of the
United Kingdom].

Subs.(5) spent

ADMINISTRATION OF JUSTICE ACT (NORTHERN IRELAND) 1954 - SECT 20
Application of fines.

20.(1) Save as is otherwise provided under this section, all fines
within the meaning of this section which are imposed or levied by
any court after the appointed day shall be paid into or disposed
of for the benefit of the [Consolidated Fund of the United Kingdom]
in such manner as the Ministry of Finance may direct and,
notwithstanding any enactment to the contrary, no part of any such
fine shall be paid or allowed to any prosecutor, informer or other
person or paid into any fund.

Subs.(2) spent

(3) Where after the appointed day any fine is remitted in whole or
in part after it has been paid into or disposed of for the
benefit of the [Consolidated Fund of the United Kingdom], the fine
or the portion thereof so remitted (as the case may be) may be
repaid out of the [Consolidated Fund of the United Kingdom].

(4) For any reference to the Fines Act (Ireland), 1851, in any
enactment directing fines to be applied in the manner directed by
that Act there shall be substituted a reference to this section.

(5) In this section

"fine" includes every fine, amerciament, penalty and forfeited
recognizance other than

(i)a fine imposed for an offence [to which section 203 of the
Fisheries Act (Northern Ireland) 1966 applies], or under the Foyle
Fisheries Act (Northern Ireland), 1952;

(ii)a fine which under the provisions of any enactment for the time
being in force relating to any matter with respect to which the
Parliament of Northern Ireland has not power to make laws is
required to be paid into the ... [Consolidated Fund of the United
Kingdom] or to any fund or person;

<(iii)any fine, penalty or other sum payable under the provisions of any enactment relating to duties or taxes under the control of the Commissioners of Customs and Excise;

<(iv)any sum recoverable at the suit of a common informer;

(v)any sums which pursuant to any enactment are directed to be paid
to or for the benefit of an aggrieved or injured party or a party
described in similar terms or to or for the benefit of the family
or relatives of any such party or of a person dying in consequence
of an act or event which constituted or was the occasion of the
offence;

<(vi)any sums which pursuant to any enactment are directed to be applied in making good any default or in repairing any damage or paying or reimbursing any expenses (including costs); or

<(vii)any sums which are directed to be paid to any person pursuant to any enactment referring in terms to awarding or reimbursing a loss or to damages, compensation or satisfaction for loss, damage, injury or wrong.

(6) Any enactment contained in a local Act which is inconsistent
with the provisions of this section shall cease to have effect.

S.21 rep. by 1954 c.33 (NI) s.48(1) sch.

S.27, with Schedule 6, effects amendments.

ADMINISTRATION OF JUSTICE ACT (NORTHERN IRELAND) 1954 - SECT 28
Interpretation.

28.(1) In this Act, except so far as the context otherwise
requires, the following expressions shall have the meanings hereby
assigned to them, that is to say:

"appointed day" means the first day of April, nineteen hundred and
fifty-four;

Definition spent

"Dogs Acts Account" means the account to which the proceeds or the
sale of dog licences and stamps issued in connection therewith are
paid under the Dogs Regulation (Ireland) Acts, 1865 and 1919, as
amended by section one of the Petty Sessions Fees and Administration
Act (Northern Ireland), 1923;

"enactment" includes any provision in any Act (whether public
general, local or private) and a provision in any Order in Council,
order, regulation, rule, bye-law, scheme or other instrument made
under any Act;

"functions" includes both powers and duties.

Subs.(2)(3) rep. by 1954 c.33 (NI) s.48(1) sch.

Short title.

ADMINISTRATION OF JUSTICE ACT (NORTHERN IRELAND) 1954 - SECT 30

30. This Act may be cited as the Administration of Justice Act
(Northern Ireland), 1954.

First, Second, Third, Fourth and Fifth Schedulesspent. Sixth
ScheduleAmendments. Seventh Schedule rep. by SLR 1973