Prosecution of Offences (Northern Ireland) Order 1972

N.I.

Statutory Instruments

1972 No. 538 (N.I. 1)

Prosecution of Offences (Northern Ireland) Order 1972 F1

[30th March 1972]

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

F1 prosp. rep. by 2002 c.26

Title and commencement N.I.

1.  This Order may be cited as the Prosecution of Offences (Northern Ireland) Order 1972. . . Commencement.

Interpretation N.I.

2.—(1) The Interpretation Act (Northern Ireland) 1954 [1954 c.33] ) shall apply for the interpretation of this Order as it applies for the interpretation of an Act of the Parliament of Northern Ireland.

(2) In this Order—

Definition rep. by 2002 c. 26

Definition rep. by 2002 c. 26

“documents” includes papers and records of any kind;

[F2 “extradition proceedings” means proceedings under the Extradition Act 2003;]

“indictable offence” includes any offence which the prosecution may prosecute on indictment;

“initiate” includes institute;

“statutory provision” has the meaning assigned to it by section 1( f) of the Interpretation Act (Northern Ireland) 1954;

Definition rep. by 1980 NI 6 art.13 sch. 2

Para. 3 rep. by 2002 c. 26

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

F2 2003 c. 41

Arts. 3—6 rep. by 2002 c. 26

Consents to prosecutions N.I.

7.—F3 (1) In this Article—

“consent provision” means any [F4 statutory provision], whether passed before or after the coming into operation of this Order whereby the consent of the Attorney General [F5 or the Director] is required (whether by itself or as an alternative to the consent of any other authority or person) to the initiation or carrying on of proceedings for an offence; ...

F6 [ “relevant consent provision” means—

(a) any enactment of the Parliament of Northern Ireland whereby the consent of the Attorney General is required (whether by itself or as an alternative to the consent of any other authority or person) to the initiation or carrying on of proceedings for an offence;

(b) any enactment of the Parliament of the United Kingdom whereby—

(i) in Northern Ireland, the consent of the Attorney General is required (whether by itself or as an alternative to the consent of any other authority or person) to the initiation or carrying on of proceedings for an offence; but

(ii) in England and Wales, the consent of the Director of Public Prosecutions for England and Wales is required (whether by itself or as an alternative to the consent of any other authority or person) to the initiation or carrying on of proceedings for the like offence.]

(2) Unless the Attorney General otherwise directs, a [ relevant consent provision] passed before the coming into operation of this Order shall be deemed to be complied with as respects the initiation after such coming into operation of proceedings for an offence to which it applies if the consent to the initiation or carrying on of those proceedings is given by the Director.

(3 )F7  Without prejudice to anything contained in a consent provision or in any other [ statutory provision] a consent provision—

Sub-para.(a) rep. by 1975 c.59 s.14(5) sch.6 Pt.II

(b) shall be deemed to be complied with if the consent is produced to the court, in the case of an indictable offence, at any time before the indictment is presented or, in the case of an offence to be tried summarily, at any time before the plea of the accused person is taken.

(4 ) For the purposes of a consent provision it shall be sufficient to describe the offence to which the consent relates in general terms and—

(a) to describe or designate in ordinary language any property or place to which reference is made in the consent so as to identify with reasonable clearness that property or place in relation to the offence; and

(b) to describe or designate the accused person or any other person to whom reference is made in the consent in terms which are reasonably sufficient to enable him to be identified in relation to the offence, without necessarily stating his correct name, or his abode, style, degree or occupation.

(5 ) A consent required by a consent provision may be amended at any time before the arraignment of the accused person or, in the case of a summary trial, before the plea of the accused person is taken, and if at any subsequent stage of a trial it appears to the court that the consent is defective the court may afford the person or authority giving the consent the opportunity of making such amendments as the court may think necessary if the court is satisfied that such amendments can be made without injustice to the accused person.

(6 )F8  Any document purporting to be the consent, authorisation or direction of the Director or his deputy to or for the initiation or carrying on of criminal proceedings or criminal proceedings in any particular form, and to be signed by the Director or his deputy, as the case may be, shall be admissible as prima facie evidence without further proof.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

F3 1975 c.59 s.11(2); 1978 c.5

F4 1980 NI 6

F5 1980 NI 6

F6 1973 c.53; 1980 NI 6

F7 1971 c.70; 1973 c.47; 1976 c.76 Ext., 1978 c.17; 1978 c.26

F8 1976 c.76

Arts. 8—10 rep. by 2002 c. 26