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The Road Traffic Offenders (Northern Ireland) Order 1996

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This is the original version (as it was originally made).

Notification of court and date of trial

65.—(1) On an occasion when a person is given a fixed penalty notice under Article 60 in respect of an offence, he may be given written notification specifying the court of summary jurisdiction by which and the date on which the offence will be tried if he gives notice requesting a hearing in respect of the offence as permitted by the fixed penalty notice.

(2) Subject to paragraphs (4) and (5), where—

(a)a person has been notified in accordance with this Article of the court and date of trial of an offence in respect of which he has been given a fixed penalty notice, and

(b)he has given notice requesting a hearing in respect of the offence as permitted by the fixed penalty notice,

the provisions of the [1981 NI 26.] Magistrates' Courts (Northern Ireland) Order 1981 shall apply as mentioned in paragraph (3).

(3) Those provisions are to have effect for the purpose of any proceedings in respect of that offence as if—

(a)the allegation in the fixed penalty notice with respect to that offence were a complaint duly made in accordance with Article 20 of that Order, and

(b)the notification of the court and date of trial were a summons duly issued on that complaint by a justice of the peace of the county court division in which the court of summary jurisdiction notified as the court of trial is situated, requiring the person notified to appear before that court to answer to that complaint and duly served on him on the date on which the notification was given.

(4) If, in a case within paragraph (2), notice is served by or on behalf of the Chief Constable on the person who gave notice requesting a hearing stating that no proceedings are to be brought in respect of the offence concerned, that paragraph does not apply and no such proceedings are to be brought against the person who gave notice requesting a hearing.

(5) Article 25A of that Order (proceedings invalid where accused did not know of them) is not applied by paragraph (2) in a case where a person has been notified in accordance with this Article of the court and date of trial of an offence.

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