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Criminal Justice (Children) (Northern Ireland) Order 1998

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This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Criminal Justice (Northern Ireland) Order 1998 No. 2839

Release on bail

12.—(1) Where a court remands or commits for trial a child charged with an offence, it shall release him on bail unless—

(a)the court considers that to protect the public it is necessary to remand him in custody; and

(b)paragraph (2) or (3) applies.

(2) This paragraph applies where the offence charged—

(a)is a violent or sexual offence; or

(b)is one where in the case of an adult similarly charged he would be liable on conviction on indictment to imprisonment for 14 years or more.

(3) This paragraph applies—

(a)where the offence charged is an arrestable offence; and

(b)the child either—

(i)was on bail on any date on which he is alleged to have committed the offence; or

(ii)has been found guilty of an arrestable offence within the period of two years ending on the date on which he is charged with the offence mentioned in sub-paragraph (a).

(4) This Article is subject to section 3 of the [1996 c. 22.] Northern Ireland (Emergency Provisions) Act 1996.

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