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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- Sch. 6 para. 128-130 repealed by 2011 c. 15 (N.I.) Sch. 3 Pt. 2
- Sch. 6 para. 125 repealed by 2011 c. 16 (N.I.) Sch. 5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)
Committal after non-appearance of accusedN.I.
40.—(1) Where an indictment has been presented at any court against a person who is then at large and who has not appeared and pleaded to such indictment, whether or not he has been bound by recognizance to appear, the clerk of the court may, subject to paragraph (2), at any time after the sitting of the court at which the indictment was presented upon the application of the prosecution grant him a certificate of such indictment having been presented.
(2) A certificate shall not be granted under paragraph (1) in respect of any indictment in respect of which the judge has, pursuant to section 2 (3) of the Grand Jury (Abolition) Act (Northern Ireland) 1969F1 directed the entry of “No Bill”.
(3) Upon production of the certificate to any justice of the peace, the justice may issue a warrant to arrest such person and for his appearance before a magistrates' court.
(4) Upon the arrest of a person for whom a warrant is issued under paragraph (3) and upon its being proved on oath that the person so arrested is the person who is charged and named in the indictment, the magistrates' court before whom such person has been brought shall, without further inquiry, commit him for trial remanding him to prison meanwhile or admitting him to bail in accordance with the provisions of Article 37.
(5) Nothing in this Article shall be deemed to prevent any judge, the chief clerk or other officer from issuing any warrant (which he might otherwise by law issue) in any such case for the arrest of any such person.
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