The Criminal Evidence (Northern Ireland) Order 1999

Interpretation N.I.

1.—(1) In this Schedule— N.I.

• “the 1989 Order” means the Police and Criminal Evidence (Northern Ireland) Order 1989;

• “commencement date”, in relation to any provisions of this Order and proceedings of any description, means the date on which those provisions come into operation in relation to such proceedings;

• “continuing proceedings” (except in paragraph 2) means proceedings instituted before the commencement date;

• “existing special measures power” means any power of the court to make an order or give leave, in the exercise of its inherent jurisdiction, for the taking of measures in relation to a witness which are similar to those which could be provided for by a special measures direction.

(2) For the purposes of this Schedule—

(a) proceedings other than proceedings on appeal are to be taken to be instituted—

(i) where a justice of the peace issues a summons under Article 20 of the Magistrates' Courts (Northern Ireland) Order 1981, when the complaint for the offence is made;

(ii) where a justice of the peace issues a warrant for the arrest of any person under that Article, when the complaint for the offence is made;

(iii) where a person is charged with the offence after being taken into custody without a warrant, when he is informed of the particulars of the charge;

(iv) where an indictment is presented under the authority of section 2(2)(c), (d), (e) or (f) of the Grand Jury (Abolition) Act (Northern Ireland) 1969, when the indictment is presented to the court;

and where the application of this head would result in there being more than one time for the institution of the proceedings, they shall be taken to have been instituted at the earliest of those times; and

(b) proceedings on appeal are to be taken to be instituted at the time when the notice of appeal is given or (as the case may be) the reference under section 10 or 12 of the Criminal Appeal Act 1995 is made.