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.