Abolition of preliminary investigation and mixed committals
Section 1: Abolition of preliminary investigations
This section abolishes preliminary investigations in which witnesses can be called to give evidence on oath as a means for conducting committal proceedings by repealing Article 30 of the Magistrates’ Courts (Northern Ireland) Order 1981. This section also provides that all committal proceedings in a magistrates’ court shall be by way of a preliminary inquiry provided for under the Magistrates’ Courts (Northern Ireland) Order 1981.
Section 2: Abolition of mixed committals: evidence on oath not to be given at preliminary inquiry
This section abolishes mixed committals as a method for conducting committal proceedings by repealing Article 34(2) of the Magistrates’ Courts (Northern Ireland) Order 1981, which provides for witnesses to give evidence on oath at a preliminary inquiry. The combined effect of sections 1 and 2 is that, upon commencement, it is not possible to call upon witnesses to give evidence on oath at a committal hearing, to cases to which the provisions apply.
Section 3: Consequential amendments and repeals
This section provides the necessary consequential amendments and repeals, which are to be made to a number of pieces of legislation in order to give effect to sections 1 and 2 which abolish preliminary investigations and mixed committals, and which are contained in the Schedule to the Act.
