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The Road Traffic Offenders (Northern Ireland) Order 1996

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This is the original version (as it was originally made).

Power to join in indictment counts for certain summary offences

9.—(1) A count charging a person with a summary offence to which this Article applies may be included in an indictment if the charge—

(a)is founded on the same facts or evidence as a count charging an indictable offence; or

(b)is part of a series of offences of the same or similar character as an indictable offence which is also charged,

but only if (in either case) the facts or evidence relating to the offence were disclosed in a preliminary investigation or inquiry under the [1981 NI 26] Magistrates' Courts (Northern Ireland) Order 1981.

(2) Where a count charging an offence to which this Article applies is included in an indictment, the offence shall be tried in the same manner as if it were an indictable offence; but the Crown Court may only deal with the offender in respect of it in a manner in which a court of summary jurisdiction could have dealt with him.

(3) This Article applies to—

(a)an offence under either of the following provisions of the Order of 1981

(i)Article 90 (using motor vehicle without insurance or security against third party risks),

(ii)Article 175(2) (failure to comply with duties on occurrence of accident caused by a mechanically propelled vehicle);

(b)an offence under any of the following provisions of the Order of 1.995—

(i)Article 15(1) or (2) (driving or attempting to drive, or being in charge of, a mechanically propelled vehicle when under influence of drink or drugs),

(ii)Article 16(1)(a) or (b) (driving or attempting to drive, or being in charge of, a motor vehicle with alcohol concentration above the prescribed limit),

(iii)Article 18 (failing to provide specimen for analysis or laboratory test);

(c)any summary offence specified under paragraph (4).

(4) The Secretary of State may by order specify for the purposes of this Article any summary offence—

(a)which is mentioned in Schedule 1, and

(b)which is punishable with imprisonment or involves obligatory or discretionary disqualification from driving.

(5) For the purposes of this Article statements in writing admitted in evidence under Article 33 of the [1981 NI 26.] Magistrates' Courts (Northern Ireland) Order 1981 shall be treated as depositions taken in the presence of the accused before the magistrates' court which committed him for trial.

(6) An order made under this Article shall be subject to annulment in pursuance of a resolution of either House of Parliament in like manner as a statutory instrument and section 5 of the [1946 c. 36.] Statutory Instruments Act 1946 shall apply accordingly.

(7) In this Article “summary offence” means an offence which, if committed by an adult, is punishable only on summary conviction.

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