The Criminal Justice (Northern Ireland) Order 2003

BailN.I.

3.—(1) In this Part bail means bail grantable under the law for the time being in force—

(a)in or in connection with proceedings for an offence to a person who is accused or convicted of the offence, or

(b)in connection with an offence to a person who is under arrest for the offence or for whose arrest for the offence a warrant (endorsed for bail) is being issued.

(2) In paragraph (1)—

  • bail does not include bail grantable under section 67 of the Terrorism Act 2000 (c. 11);

  • law includes common law;

  • offence includes an alleged offence.

(3) For the purposes of paragraph (1) any of the following shall be treated as a conviction—

(a)a finding of guilt;

(b)a finding under Article 51 of the Magistrates' Courts (Northern Ireland) Order 1981 (NI 26) (remand for inquiry into physical or mental condition) that the person charged did the act or made the omission charged;

(c)a finding mentioned in Article 50A(1) of the Mental Health (Northern Ireland) Order 1986 (NI 4) (not guilty by reason of insanity, or unfit to be tried etc.);

(d)a conviction of an offence for which an order is made placing the offender on probation or discharging him absolutely or conditionally.

(4) This Article applies—

(a)whether the offence was committed in Northern Ireland or elsewhere; and

(b)whether it is an offence under the law of Northern Ireland or of any other country or territory.