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The Children’s Evidence (Northern Ireland) Order 1995

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This is the original version (as it was originally made).

2.—(1) If a magistrates' court has remanded in custody a person to whom a notice of transfer relates, it shall have power—

(a)to order that he shall be safely kept in custody until delivered in due course of law; or

(b)to release him on bail that is to say, by directing him to appear before the Crown Court for trial.

(2) Where—

(a)a person’s release on bail under sub-paragraph (1)(b) is conditional on his providing one or more sureties; and

(b)the court fixes the amount in which a surety is to be bound with a view to his entering into his recognisance subsequently.

the court shall in the meantime make an order such as is mentioned in sub-paragraph (1)(a).

(3) Where a notice of transfer is given after a person to whom it relates has been remanded on bail to appear before a magistrates' court on an appointed day, the requirement that he shall so appear shall cease on the giving of the notice unless the notice states that it is to continue.

(4) Where that requirement ceases by virtue of sub-paragraph (3), it shall be the duty of the person in question to appear before the Crown Court at the place specified by the notice of transfer as the proposed place of trial or at any place substituted for it by a direction under section 48(2) or (3) of the Judicature (Northern Ireland) Act 1978.

(5) If, in a case where the notice states that the requirement mentioned in sub-paragraph (3) is to continue, a person to whom the notice relates appears before the magistrates' court, the court shall have—

(a)the powers and duties conferred on a magistrates' court by sub-paragraph (1) but subject as there provided; and

(b)power to enlarge, in the surety’s absence, a recognisance conditioned in accordance with Article 47(1)(b) or 48 of the Magistrates' Courts (Northern Ireland) Order 1981(1) so that the surety is bound to secure that the person charged appears also before the Crown Court.

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