Terrorism Act 2000

73 Time limits: supplementary. N.I.

(1) Where a person is convicted of an offence, the exercise of power conferred by virtue of section 72(2)(e) in relation to proceedings for the offence shall not be called into question on an appeal against the conviction.

(2) In the application of section 72 in relation to proceedings on indictment, “preliminary stage” does not include a stage—

(a) after the time when the case for the prosecution is opened, or

(b) if the court accepts a plea of guilty before the case for the prosecution is opened, after the plea is accepted.

(3) In the application of section 72 in relation to summary proceedings, “preliminary stage” does not include a stage—

(a) after the court begins to hear evidence for the prosecution at the trial,

(b) if the court accepts a plea of guilty before it has begun to hear evidence for the prosecution, after the plea is accepted, or

(c) after the court begins to consider whether to exercise its power under Article 44(4) of the M1 Mental Health (Northern Ireland) Order 1986 (power to make hospital order without conviction).

(4) In this section and section 72—

• “custody of the Crown Court” includes custody to which a person is committed in pursuance of—

  (a)

  Article 37 or 40(4) of the M2 Magistrates’ Courts (Northern Ireland) Order 1981 (magistrates’ court committing accused for trial), or

  (b)

  section 51(8) of the M3 Judicature (Northern Ireland) Act 1978 (magistrates’ court dealing with a person arrested under Crown Court warrant),

• “custody of a magistrates’ court” means custody to which a person is committed in pursuance of Article 47 or 49 of the M4 Magistrates’ Courts (Northern Ireland) Order 1981 (remand),

• “custody time limit” means a time limit imposed by regulations in pursuance of section 72(1)(b) or, where a limit has been extended by the Crown Court by virtue of section 72(2)(e), the limit as extended,

• “law about bail” means—

  (a)

  the M5 Magistrates’ Courts (Northern Ireland) Order 1981,

  (b)

  section 67 of this Act,

  (c)

  any other enactment relating to bail, and

  (d)

  any rule of law relating to bail, and

• “overall time limit” means a time limit imposed by regulations in pursuance of section 72(1)(a) or, where a limit has been extended by the Crown Court by virtue of section 72(2)(e), the limit as extended.

(5) For the purposes of the application of a custody time limit in relation to a person who is in the custody of a magistrates’ court or the Crown Court—

(a) all periods during which he is in the custody of a magistrates’ court in respect of the same offence shall be aggregated and treated as a single continuous period; and

(b) all periods during which he is in the custody of the Crown Court in respect of the same offence shall be aggregated and treated as a single continuous period.

Annotations:

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Marginal Citations

M1 S.I. 1986/595 (N.I. 4).

M2 S.I. 1981/1675 (N.I. 26).

M3 1978 c. 23.

M4 S.I. 1981/1675 (N.I. 26).

M5 S.I. 1981/1675 (N.I. 26).