The Criminal Justice (Northern Ireland) Order 2008

Proving execution of arrest warrants

Jurisdiction of magistrates' court in relation to proving execution of arrest warrant

92.—(1) This Article applies where—

(a) a warrant mentioned in paragraph (2) is issued for the arrest of any person (“D”) by a resident magistrate, lay magistrate or magistrates' court for a county court division (“division A”); and

(b) D is arrested on foot of the warrant.

(2) The warrants are—

(a) a warrant under Article 20 or 25 of the Magistrates' Courts (Northern Ireland) Order 1981 (NI 26);

(b) a warrant under Article 6 of the Criminal Justice (Northern Ireland) Order 2003 (NI 13); and

(c) a warrant under any other statutory provision prescribed for the purposes of this Article by order of the Secretary of State.

(3) The execution of the warrant may be proved before a magistrates' court for—

(a) division A;

(b) the county court division in which D is arrested (“division B”); or

(c) a county court division which adjoins division B (“division C”).

(4) Where the execution of the warrant is proved under paragraph (3) before a magistrates' court for division B or division C, that court—

(a) may remand D in custody or on bail to appear before a magistrates' court for division A; and

(b) may hear and determine any application by D for the grant of a right to representation under Article 26 of the Access to Justice (Northern Ireland) Order 2003 (NI 10);

but, subject to paragraph (5), that court may not exercise any other power in relation to D.

(5) Paragraph (4) does not prevent the court from exercising any jurisdiction which the court has apart from this Article

(6) Anything done before or by a magistrates' court for division B or division C under paragraph (3) or (4) shall have effect as if done before or by a magistrates' court for division A.

(7) In Article 20(3) of the Magistrates' Courts (Northern Ireland) Order 1981 (NI 26) for the words from “issue a warrant to arrest” to the end substitute “issue a warrant for the arrest of that person”.

(8) Until the coming into operation of Article 26 of the Access to Justice (Northern Ireland) Order 2003 (NI 10) paragraph (4) has effect as if for sub-paragraph (b) there were substituted—

“(b) may hear and determine any application by D under Article 28(1) of the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (NI 8) as if D had been charged before that court with the offence in respect of which the warrant was issued;”.

(9) An order under paragraph (2)(c) prescribing any statutory provision may make such consequential amendments to that provision as the Secretary of State thinks necessary or expedient.