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PART VN.I.CRIMINAL JURISDICTION AND PROCEDURE

Jurisdiction to deal with offencesN.I.

General jurisdiction to deal with chargesN.I.

[F116.—(1) A magistrates' court has jurisdiction—

(a)to conduct a preliminary inquiry F2... into any indictable offence;

(b)to hear and determine a complaint charging any summary offence.

(2) A district judge (magistrates' courts) exercising the powers conferred by Article 45 and 46 has jurisdiction to try summarily any indictable offence.

(3) References above to offences are to offences, wherever committed, which are cognisable under the law of Northern Ireland.]

Offences committed on boundaries or on journeys: offences begun in one jurisdiction and completed in anotherN.I.

F317.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F4Offences committed on ships and abroadN.I.

17A.  Sections 280, 281 and 282 of the Merchant Shipping Act 1995 (offences on ships and abroad by British citizens and others) apply in relation to other offences under the law of Northern Ireland as they apply in relation to offences under that Act or instruments under that Act.]

Summary trial of charges in and out of petty sessionsN.I.

18.—(1) Except as otherwise provided by this Article, a complaint charging a summary offence or an indictable offence with which the court has decided to deal summarily under this Order or any other enactment shall be heard and determined by a court of summary jurisdiction.

(2) A resident magistrate, if satisfied that a person charged with a summary offence or with an indictable offence which he has decided to deal with summarily in accordance with this Order or any other enactment is unable to give bail for his appearance before a court of summary jurisdiction, may hear and determine the complaint out of petty sessions.

Para. (3) rep. by 2002 c. 26

(4) Procedure before a resident magistrate or[F5 lay magistrate] sitting out of petty sessions shall be as before a court of summary jurisdiction and—

(a)a resident magistrateF5. . . so sitting may in relation to any matter which he has jurisdiction to hear and determine under paragraph (2)F5. . . exercise all the powers of a court of summary jurisdiction; and

(b)orders made by a resident magistrate or[F5 lay magistrate] so sitting shall have effect as orders made by a court of summary jurisdiction F6....

Time within which complaint charging offence must be made to give jurisdictionN.I.

F7F819.—(1) Where no period of limitation is provided for by any other enactment—

(a)a magistrates' court shall not have jurisdiction to hear and determine a complaint charging the commission of a summary offence other than an offence which is also triable upon indictment unless the complaint was made within six months from the time when the offence was committed or ceased to continue; and

(b)a complaint charging the commission of an indictable offence may be made to a justice of the peace and dealt with at any time and, accordingly, a resident magistrate may at any time after an indictable offence was alleged to have been committed exercise any jurisdiction conferred on him by Articles 45 and 46 or by any other enactment to try that offence summarily.

(2) Subject to paragraph (4), a complaint charging the commission of an offence which is both punishable upon summary conviction or triable upon indictment may be made and dealt with at any time and, accordingly, nothing in any other enactment (however framed or worded) which, as regards any offence to which it applies, would but for this Article impose a time-limit on the power of a magistrates' court to hear and determine a complaint charging the commission of a summary offence or impose a limitation on the time for taking summary proceedings shall apply in relation to any offence which is both punishable upon summary conviction or triable upon indictment.

(3) Without prejudice to the generality of paragraph (2), that paragraph includes enactments which impose a time-limit that applies only in certain circumstances (for example where the proceedings are not instituted by or with the consent of the Director of Public Prosecutions for Northern Ireland or some other specified authority).

(4) Where as regards any indictable offence there is imposed by any enactment (however framed or worded and whether falling within paragraph (2) or not) a limitation on the time for taking proceedings on indictment for that offence no summary proceedings for that offence shall be taken after the latest time for taking proceedings on indictment.

F7mod. by SI 1994/1323, 2328

F8mod. by 1985 c. 49

Modifications etc. (not altering text)

C1Art. 19 excluded (8.2.2007) by Wireless Telegraphy Act 2006 (c. 36), ss. 41(8)(b), 126(2)

C3Art. 19 excluded (13.2.2015 for specified purposes, 1.4.2015 in so far as not already in operation) by Planning Act (Northern-Ireland) 2011 (c. 25), ss. 172(3), 254(1), (2) (with s. 211); S.R. 2015/49, arts. 2, 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)

C5Art. 19 excluded by 2006 c. 36, s. 107(3C)(b) (as inserted (27.6.2017) by Digital Economy Act 2017 (c. 30), ss. 13(2), 118(2) (with s. 13(4)))

C8Art. 19(1) excluded (26.5.2008) by Business Protection from Misleading Marketing Regulations 2008 (S.I. 2008/1276), reg. 10(6)

C9Art. 19(1) excluded (26.5.2008) by Consumer Protection from Unfair Trading Regulations 2008 (S.I. 2008/1277), reg. 14(6) (with savings in reg. 28(2)(3))

C12Art. 19(1) excluded by SR 1996/558 reg. 26A (as inserted (1.1.2012) by The Welfare of Animals (Slaughter or Killing) (Amendment) Regulations (Northern Ireland) 2011 (S.R. 2011/407), regs. 1, 5)

C15Art. 19(1) excluded (temp.) by 1967 c. 36 (N.I.), s. 25W(2) (as modified (25.3.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 18 (with ss. 89, 90))

C19Art. 19(1)(a) modified (at 10.10 am. on 8.10.2008) by Landsbanki Freezing Order 2008 (S.I. 2008/2668), art. 10(5)

C24Art. 19(1)(a) excluded (13.2.2015 for specified purposes, 1.4.2015 in so far as not already in operation) by Planning Act (Northern-Ireland) 2011 (c. 25), ss. 244, 254(1), (2) (with s. 211); S.R. 2015/49, arts. 2, 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)

C25Art. 19(1)(a) applied (with modifications) (22.1.2016) by The Andrey Lugovoy and Dmitri Kovtun Freezing Order 2016 (S.I. 2016/67), arts. 1(1), 10(5)