PART 2COMMITTAL FOR TRIAL
CHAPTER 2DIRECT COMMITTAL FOR TRIAL IN CERTAIN CASES
Application of this Chapter
9Application of this Chapter
1
Subject to subsection (3), this Chapter applies where a person (“the accused”) appears or is brought before a magistrates’ court charged with an offence and either of the conditions mentioned in subsection (2) is satisfied.
2
Those conditions are—
a
that the offence is an offence triable only on indictment; or
b
that the offence is a summary offence and—
i
the accused claims, in accordance with Article 29 of the Magistrates’ Courts (Northern Ireland) Order 1981 or any other statutory provision, to be tried on indictment;
ii
the prosecutor exercises any right conferred by any statutory provision to claim that the accused is to be tried on indictment; or
iii
it is otherwise determined that the accused is to be tried on indictment.
3
But this Chapter does not apply where—
a
notice has been given in relation to the offence under Article 3 of the Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988 or Article 4 of the Children’s Evidence (Northern Ireland) Order 1995;
b
in the case of an adult, the court is to deal summarily with the offence under Article 45 of the Magistrates’ Courts (Northern Ireland) Order 1981;
c
in the case of a child, the court is to deal summarily with the offence under Article 17 of the Criminal Justice (Children) (Northern Ireland) Order 1998.
4
In this section “summary offence” has the meaning given by Article 2(2) of the Magistrates’ Courts (Northern Ireland) Order 1981.