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The Magistrates' Courts (Northern Ireland) Order 1981
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Changes and effects
This section lists the changes and effects yet to be applied to the whole Order, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Order. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.
- Order applied by S.R. 2010/125 reg. 20(16)
- Order applied by S.R. 2010/231 reg. 10(3)
- Order applied by S.R. 2010/231 reg. 20(3)
- Order applied by S.R. 2011/315 reg. 14(17)
- Order applied by S.R. 2011/438 reg. 24(1)
- Order applied by S.I. 2010/2079 Sch. 4 para. 5(2)
- Order applied by S.I. 2011/2159 reg. 44(5)
- Order applied in part (with modifications) by S.R. 2012/188 reg. 8
- Act modified by 2011 c. 16 (N.I.) s. 43
- Order power to modify conferred by 2011 c. 24 (N.I.) s. 67(5)(a)
- Order transfer of functions by S.I. 2010/976 Sch. 17 para. 37
- Order words substituted by 2009 c. 1 (N.I.) Sch. 6 para. 1(1)(a)
Whole provisions yet to be inserted into this Order (including any effects on those provisions):
- Pt. 9 applied by 2008 c. 4 s. 88(6)
- s. 19(1)(a) excluded by 1991 SI2628 (N.I. 23) art. 16A(6) (as inserted) by 2010 c. 13 (N.I.) s. 32(3)
- Sch. 6 para. 128-130 repealed by 2011 c. 15 (N.I.) Sch. 3 Pt. 2
- Sch. 6 para. 125 repealed by 2011 c. 16 (N.I.) Sch. 5
- art. 63A inserted by S.R. 2011/157 reg. 9(3)
- art. 118-118E and cross-headings substituted for art. 118 by 2011 c. 24 (N.I.) s. 100(1)
Commencement Orders yet to be applied to the The Magistrates' Courts (Northern Ireland) Order 1981:
Commencement Orders
This section lists the commencement orders yet to be applied to the whole Order. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Order you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing legislation that affects this Order into force:
- S.I. 2003/962 art. 2(3) commences (2002 c. 21)
- S.I. 2007/2194 art. 2(1)(l) art. 2(3)(h) commences (2006 c. 46)
- S.I. 2007/3495 art. 3 art. 5 commences (2006 c. 46)
- S.I. 2008/2860 art. 3 4 Sch. 1 commences (2006 c. 46)
- S.I. 2011/1418 art. 2 commences (2010 c. 23)
- S.R. 2007/454 art. 2 Sch. commences (S.I. 2007/916 (N.I.))
- S.R. 2010/36 art. 2 commences (S.I. 2008/1216 (N.I.))
- S.R. 2010/226 art. 2 commences (S.I. 2007/916 (N.I.))
- S.R. 2010/309 art. 2 commences (2010 c. 10 (N.I.))
- S.R. 2011/245 art. 2 Sch. 1 commences (2011 c. 16 (N.I.))
- S.R. 2011/285 art. 2 commences (2011 c. 15 (N.I.))
- S.R. 2011/370 art. 2 3 commences (2011 c. 24)
- S.R. 2012/13 art. 2 commences (2011 c. 23 (N.I.))
- S.R. 2012/154 art. 2 Sch. 1 2 commences (2011 c. 16)
- S.R. 2012/214 art. 2-5 commences (2011 c. 24 (N.I.))
- S.R. 2012/266 art. 2 Sch. Pt. 1 2 commences (2008 c. 13 (N.I.))
- S.R. 2012/307 art. 2 commences (2006 c. 28)
- S.R. 2012/313 art. 2 commences (2008 c. 4)
Requirements as to written statementsN.I.
33.—(1) A magistrates' court conducting a preliminary inquiry may admit the statement of the evidence to be given by a witness to the like extent as oral evidence to the like effect by that person if the following conditions are complied with, that is to say—
(a)the statement shall be in writing,
(b)the statement shall purport to be signed by the person who made it,
(c)the statement shall contain a declaration by that person to the effect that—
(i)it is true to the best of his knowledge and belief, and
(ii)he made the statement knowing that, if it were tendered in evidence, whether at a preliminary inquiry or at the trial of the accused, he would be liable to prosecution if he wilfully said in it anything which he knew to be false or did not believe to be true,
which declaration shall be endorsed with the signature of the person who recorded the statement, or to whom the statement was delivered by the maker of the statement for the purposes of the proceedings,
(d)none of the parties objects to the statement being admitted in evidence upon a ground which would constitute a valid objection to oral evidence to the like effect as the contents of the statement,
(e)if the statement is made by a person under the age of twenty-one, his age shall be set forth in the statement, and
(f)if it is made by a person who cannot read, it shall be read to him before he signs it and shall be accompanied by a declaration by the person who so read the statement to the effect that it was so read and that after it was so read the maker of the statement assented to it.
(2) Any document or object referred to as an exhibit and identified in a written statement tendered in evidence under this Article shall be treated as if it had been produced as an exhibit and identified in court by the maker of the statement.
(3) Nothing in this Article shall prevent the giving in evidence of any confession, or other statement, made at any time by the accused which is admissible in law against him.
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