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New laws to help the families of missing persons

The Presumption of Death Bill, passed by the Assembly at the end of April, received Royal Assent on 2nd July 2009. The legislation establishes a new procedure allowing the High Court in Northern Ireland to declare that a missing person may be presumed dead. The Presumption of Death Act (NI) 2009 will come into operation towards the end of 2009.

Presumption of Death Bill (PDF 90 KB)

Explanatory and financial memorandum (PDF 123 KB)

Court of Appeal rejects challenge to Article 2 of the Law Reform (Miscellaneous Provisions)(Northern Ireland) Order 2006

The Court of Appeal has rejected the challenge from the Northern Ireland Commissioner for Children and Young People (NICCY) to Article 2 of the Law Reform (Miscellaneous Provisions) (Northern Ireland) Order 2006. That Article restricts the defence of reasonable chastisement to a summary charge of common assault and precludes the use of the defence in a civil claim for damages where the harm alleged amounts to actual bodily harm.

NICCY had wanted a complete ban on smacking and had claimed that Article 2 breached international human rights standards. However, the Court held that NICCY was not a victim for the purposes of the Human Rights Act 1998, upholding Mr Justice Gillen’s earlier decision in the High Court. The full judgment of the Court of Appeal is available on the Court Service NI website(external website) .