Policing, Security and Community Safety Act 2024

SCHEDULE 5

Appointment as Police Ombudsman or Deputy Police Ombudsman of Person Holding Judicial Office

Section 171 (9)

Supreme Court judge or former Supreme Court judge appointed as Police Ombudsman or Deputy Police Ombudsman

1. (1) Where a person appointed as the Police Ombudsman or the Deputy Police Ombudsman is, when so appointed, an ordinary judge of the Supreme Court, then, for so long as he or she continues to hold that judicial office, the number of ordinary judges of the Supreme Court otherwise provided for under any enactment for the time being in force may be exceeded by one.

(2) Where a person appointed as the Police Ombudsman or the Deputy Police Ombudsman is a former Chief Justice of the Supreme Court, the proviso to section 14(1)(a) of the Act of 1975 shall apply to him or her in respect of his or her appointment as the Police Ombudsman or Deputy Police Ombudsman to the like extent as it applies to a former Chief Justice who is appointed to be a Commissioner (within the meaning of that Act).

Court of Appeal judge or former President of Court of Appeal appointed as Police Ombudsman or Deputy Police Ombudsman

2. (1) Where a person appointed as the Police Ombudsman or the Deputy Police Ombudsman is, when so appointed, the President of the Court of Appeal or an ordinary judge of the Court of Appeal, then, for so long as he or she continues to hold the judicial office held by him or her on being so appointed, the number of ordinary judges of the Court of Appeal otherwise provided for under any enactment for the time being in force may be exceeded by one.

(2) Where a person appointed as the Police Ombudsman or the Deputy Police Ombudsman is a former President of the Court of Appeal, the proviso to section 14(1)(aa) of the Act of 1975 shall apply to him or her in respect of his or her appointment as the Police Ombudsman or Deputy Police Ombudsman to the like extent as it applies to a former President of the Court of Appeal who is appointed to be a Commissioner (within the meaning of that Act).

(3) Where a person appointed as the Police Ombudsman or the Deputy Police Ombudsman is, when so appointed, the President of the Court of Appeal, he or she may, for so long as he or she continues to be the Police Ombudsman or the Deputy Police Ombudsman, from time to time appoint an ordinary judge of the Court of Appeal to exercise on his or her behalf (and which judge is hereby empowered to exercise) all jurisdiction exercisable by the President of the Court of Appeal under section 7D of the Courts (Supplemental Provisions) Act 1961 .

High Court judge or President or former President of High Court appointed as Police Ombudsman or Deputy Police Ombudsman

3. (1) Where a person appointed as the Police Ombudsman or the Deputy Police Ombudsman is, when so appointed, the President of the High Court or an ordinary judge of the High Court, then, for so long as he or she continues to hold the judicial office held by him or her on being so appointed, the number of ordinary judges of the High Court otherwise provided for under any enactment for the time being in force may be exceeded by one.

(2) Where a person appointed as the Police Ombudsman or the Deputy Police Ombudsman is a former President of the High Court, the proviso to section 14(1)(b) of the Act of 1975 shall apply to him or her in respect of his or her appointment as the Police Ombudsman or Deputy Police Ombudsman to the like extent as it applies to a former President of the High Court who is appointed to be a Commissioner (within the meaning of that Act).

(3) Where a person appointed as the Police Ombudsman or the Deputy Police Ombudsman is, when so appointed, the President of the High Court, he or she may, for so long as he or she continues to be the Police Ombudsman or the Deputy Police Ombudsman, from time to time appoint an ordinary judge of the High Court to exercise on his or her behalf (and which judge is hereby empowered to exercise) all jurisdiction exercisable by the President of the High Court under section 10 (5) of the Courts (Supplemental Provisions) Act 1961 .

Circuit Court judge or President of the Circuit Court appointed as Police Ombudsman or Deputy Police Ombudsman

4. (1) Where a person appointed as the Police Ombudsman or the Deputy Police Ombudsman is, when so appointed, an ordinary judge of the Circuit Court, then, for so long as he or she continues to hold that judicial office, the number of ordinary judges of the Circuit Court otherwise provided for under any enactment for the time being in force may be exceeded by one.

(2) Where a person appointed as the Police Ombudsman or the Deputy Police Ombudsman is, when so appointed, the President of the Circuit Court, for so long as he or she continues to be the Police Ombudsman or the Deputy Police Ombudsman, another judge may be appointed to the role of President of the Circuit Court and exercise on his or her behalf (and which judge is hereby empowered to exercise) all jurisdiction exercisable by the President of the Circuit Court under section 10 of the Courts of Justice Act 1947 .