Explanatory Memorandum to Criminal Justice (Northern Ireland) Order 2004 Explanatory Memorandum

1. Introduction

2. Background and Policy Objectives

3. Human Rights Issues

4. Main Elements of the Order

5. Commentary on Articles

   1. Part II - Amendments of PACE

      1. Extension of powers to stop and search

      2. Bail elsewhere than at a police station

      3. Limits on periods of detention without charge

      4. Property of detained persons

      5. Taking fingerprints without consent

      6. Taking non-intimate samples without consent

      7. Amendments related to Part II

   2. Part III - Live links in criminal proceedings

      1. Live links in criminal proceedings

      2. Effect of, and rescission of, direction

      3. Magistrates’ courts permitted to sit at other locations

      4. Warning to jury

      5. Rules of court

      6. Interpretation of Part III

   3. Part IV - Prosecution appeals

      1. Introduction

      2. General right of appeal in respect of rulings

      3. Expedited and non-expedited appeals

      4. Continuation of proceedings for offences not affected by ruling

      5. Determination of appeal by Court of Appeal

      6. Right of appeal in respect of evidentiary rulings

      7. Condition that evidentiary ruling significantly weakens prosecution case

      8. Expedited and non-expedited appeals

      9. Continuation of proceedings for offences not affected by ruling

      10. Determination of appeal by Court of Appeal

      11. Reversal of rulings

      12. Appeals to the House of Lords

6. Costs

   1. Effect on time limits in relation to preliminary stages

   2. Restrictions on reporting

   3. Offences in connection with reporting

   4. Rules of court

   5. Interpretation of Part IV

      1. Part V - Supplementary

         1. Orders

   6. Repeals

   7. Supplementary and consequential provision,

7. Commencement