Search Legislation

The Criminal Justice (Northern Ireland) Order 2003

What Version

 Help about what version

Advanced Features

 Help about advanced features

Changes to legislation:

The Criminal Justice (Northern Ireland) Order 2003, Section 15 is up to date with all changes known to be in force on or before 16 December 2017. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

Commencement Orders yet to be applied to the The Criminal Justice (Northern Ireland) Order 2003

 Help about changes and effects
Close

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:

Additional time limits for persons under 18N.I.

15.—(1) The Secretary of State may by regulations make provision—

(a)with respect to a person under the age of 18 at the time of his arrest in connection with an offence, as to the maximum period to be allowed for the completion of the stage beginning with his arrest and ending with the date fixed for his first appearance in court in connection with the offence ( the initial stage);

(b)with respect to a person convicted of an offence who was under that age at the time of his arrest for the offence or (where he was not arrested for it) the making of the complaint charging him with it, as to the period within which the stage between his conviction and his being sentenced for the offence should be completed.

(2) Paragraph (2) of Article 12 applies for the purposes of regulations under paragraph (1) as if the reference in sub-paragraph (a) of Article 12(2) to custody or overall time limits were a reference to time limits imposed by the regulations.

(3) In this Article initial stage time limit means a time limit imposed by the regulations under paragraph (1)(a); but, where an initial stage time limit has been extended by the court by virtue of Article 12(2)(c) as applied by paragraph (2), initial stage time limit means the limit as extended.

(4) Where the initial stage time limit expires before the person arrested is charged with the offence, he shall not be charged with it unless further evidence relating to it is obtained, and—

(a)if he is then under arrest, he shall be released;

(b)if he is then on bail under Part V of the Police and Criminal Evidence (Northern Ireland) Order 1989 (NI 12), his bail (and any duty or conditions to which it is subject) shall be discharged.

(5) Where the initial stage time limit expires after the person arrested is charged with the offence but before the date fixed for his first appearance in court in connection with it, the court shall stay the proceedings.

(6) Where—

(a)a person escapes from arrest; or

(b)a person who has been released on bail under Part V of the Police and Criminal Evidence (Northern Ireland) Order 1989 fails to surrender himself at the appointed time,

and is accordingly unlawfully at large for any period, that period shall be disregarded, so far as the offence in question is concerned, for the purposes of the initial stage time limit.

(7) Article 14 (appeals) shall apply for the purposes of this Article, at any time after the person arrested has been charged with the offence in question, as if any reference (however expressed) to a custody or overall time limit were a reference to the initial stage time limit.

(8) Where a person is convicted of an offence, the extension of a time limit in the exercise of the power conferred by virtue of Article 12(2)(c) as applied by paragraph (2) shall not be called into question on an appeal against the conviction.

(9) Any reference in this Article (however expressed) to a person being charged with an offence includes a reference to the making of a complaint charging an offence.

(10) Paragraph (1) is without prejudice to Article 8 of the Criminal Justice (Children) (Northern Ireland) Order 1998 (NI 9) (child apparently under 14).

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources