Summary trial of certain indictable offencesN.I.
45.—(1) Where—
(a)an adult is charged before a resident magistrate (whether sitting as a court of summary jurisdiction or out of petty sessions under Article 18 (2)) with an indictable offence specified in Schedule 2; and
(b)the magistrate, at any time, having regard to—
(i)any statement or representation made in the presence of the accused by or on behalf of the prosecution or the accused;
(ii)the nature of the offence;
(iii)the absence of circumstances which would render the offence one of a serious character; and
(iv)all the other circumstances of the case (including the adequacy of the punishment which the court has power to impose);
thinks it expedient to deal summarily with the charge; and
(c)the accused, subject to paragraph (2) having been given at least twenty-four hours' notice in writing of his right to be tried by a jury, consents to be dealt with summarily;
the magistrate may, subject to the provisions of this Article and Article 46, deal summarily with the charge and convict and sentence the accused whether upon the charge being read to him he pleads guilty or not guilty to the charge.
(2) The requirement of the notice mentioned in paragraph (1) (c) may be waived in writing by the accused.
(3) A resident magistrate shall not deal summarily under this Article with any offence without the consent of the prosecution.
(4) For the purpose of this Article and Article 46 “adult” means a person who is, in the opinion of the court, of the age of[F1 eighteen] years or upwards.
Modifications etc. (not altering text)
C1Art. 45 applied by 2015 c. 9 (N.I.), s. 9(2)(aa) (as inserted (13.5.2016) by Justice Act (NorthernIreland) 2016 (c. 21), ss. 57(3), 61(1))