Magistrates' Courts Rules (Northern Ireland) 1984

Procedure where court decides to deal with an indictable offence summarily under Article 45 of the Order

45.—(1) The procedure shall, until the resident magistrate assumes the power to deal with the offence summarily, be the same in all respects as if the offence were to be dealt with throughout as an indictable offence.

(2) The evidence of any witness (other than a witness whose written statement has been admitted in evidence at a preliminary inquiry under Article 33 of the Order) taken before the resident magistrate assumed such power need not be taken again, but every such witness shall, if the accused or the prosecutor or his counsel or solicitor so require, be recalled for the purpose of cross-examination.

(3) From and after the time when the resident magistrate assumes the power to deal with the offences summarily (subject to the remaining provisions of this Rule) the procedure before and powers exercisable by the resident magistrate shall be the same as in the hearing of a complaint charging a summary offence.

(4) Except where the offence is a scheduled offence, the resident magistrate shall, after deciding that it is expedient to deal with the case summarily, cause the charge to be read to the accused and, if he considers it desirable, explain the meaning of the case being dealt with summarily and of committing an accused for trial by a jury at the Crown Court. Such explanation shall include a statement as to the Crown Court at which the accused may be tried.

(5) Except where the offence is a scheduled offence, the resident magistrate shall next address the accused as follows:—

“Do you wish to be tried by a jury, or do you consent to the case being dealt with summarily?”

and if the accused consents to be dealt with summarily, the resident magistrate shall ask him "Do you plead guilty or not guilty?".

(6) Where the offence is a scheduled offence, the resident magistrate shall, after deciding that it is expedient to deal with the case summarily, cause the charge to be read to the accused and, if he considers it desirable, explain the meaning of the case being dealt with summarily and of committing the accused for trial at the Crown Court sitting in Belfast without a jury or at the Crown Court with a jury. Such explanation shall include a statement as to the authority of the Attorney General to certify that the offence is not to be treated as a scheduled offence and the effect of such certification; and a statement as to the Crown Court at which the accused may be tried if trial is to be with a jury.

(7) Where the offence is a scheduled offence, the resident magistrate shall next address the accused as follows:—

“Do you wish to be tried at the Crown Court sitting in Belfast without a jury or, if the Attorney General certifies that the offence is not to be treated as a scheduled offence, at the Crown Court with a jury, or do you consent to the case being dealt with summarily?”

and if the accused consents to be dealt with summarily, the resident magistrate shall ask him "Do you plead guilty or not guilty?".

(8) The resident magistrate may instead of giving the explanation required by paragraph (4) or (6) or addressing the accused, as would otherwise be required by paragraph (5) or (7), cause such explanation to be given or the accused to be addressed in open court in the appropriate manner by an official of the court and that course shall be sufficient compliance with this Rule.