Part I Scheduled Offences

Time limits on preliminary proceedings

8 Power of Secretary of State to set time limits in relation to preliminary proceedings for scheduled offences.

1

The Secretary of State may by regulations make provision, with respect to any specified preliminary stage of proceedings for a scheduled offence, as to the maximum period—

a

to be allowed to the prosecution to complete that stage;

b

during which the accused may, while awaiting completion of that stage, be—

i

in the custody of a magistrates’ court; or

ii

in the custody of the Crown Court,

in relation to that offence.

2

The regulations may, in particular—

a

provide for—

i

the M1Magistrates’ Courts (Northern Ireland) Order 1981,

ii

section 3 above, or

iii

any other enactment, or any rule of law, relating to bail,

to apply in relation to cases to which custody or overall time limits apply subject to such modifications as may be specified (being modifications which the Secretary of State considers necessary in consequence of any provision made by the regulations);

b

provide for time limits imposed by the regulations to cease to have effect in cases where, after the institution of proceedings for a scheduled offence, the Attorney General for Northern Ireland has certified that the offence in question is not to be treated as a scheduled offence;

c

make such provision with respect to the procedure to be followed in criminal proceedings as the Secretary of State considers appropriate in consequence of any other provision of the regulations; and

d

make such transitional provision in relation to proceedings instituted before the commencement of any provision of the regulations as the Secretary of State considers appropriate.

3

Where separate counts of an indictment allege a scheduled offence and an offence which is not a scheduled offence, then (subject to, and in accordance with, the provisions of the regulations) the regulations shall have effect in relation to the latter offence as if it were a scheduled offence.

4

The Crown Court may, in circumstances prescribed by the regulations, extend or further extend a time limit at any time before it expires.

5

Where, in relation to any proceedings for a relevant offence, an overall time limit has expired before the completion of the stage of the proceedings to which the limit applies, the accused shall be treated, for all purposes, as having been acquitted of that offence.

9 Section 8: supplementary provisions.

1

Where—

a

a person escapes from the custody of a magistrates’ court or of the Crown Court before the expiry of a custody time limit which applies in his case; or

b

a person who has been released on bail in consequence of the expiry of a custody time limit—

i

fails to surrender himself into the custody of the court at the appointed time; or

ii

is arrested by a constable in connection with any breach, or apprehended breach, of any condition of his bail,

the regulations under section 8 shall, so far as they provide for any custody time limit in relation to the preliminary stage in question, be disregarded.

2

Where—

a

a person escapes from the custody of a magistrates’ court or of the Crown Court; or

b

a person who has been released on bail fails to surrender himself into the custody of the court at the appointed time,

the overall time limit which applies in his case in relation to the stage which the proceedings have reached at the time of the escape or, as the case may be, at the appointed time shall, so far as the relevant offence in question is concerned, cease to have effect.

3

Where a person is convicted of a relevant offence in any proceedings, the exercise, in relation to any preliminary stage of those proceedings, of the power conferred by section 8(4) shall not be called into question on any appeal against that conviction.

4

In the application of section 8 in relation to proceedings on indictment, “preliminary stage” does not include any stage—

a

after the time when the case for the prosecution is opened; or

b

if the court accepts a plea of guilty before the case for the prosecution is opened, after that plea is accepted.

5

In the application of section 8 in relation to summary proceedings, “preliminary stage” does not include any stage—

a

after the court begins to hear evidence for the prosecution at the trial;

b

if the court accepts a plea of guilty before it has begun to hear evidence for the prosecution, after that plea is accepted; or

c

after the court begins to consider whether to exercise its power under Article 44(4) of the Mental Health (Northern Ireland) Order 1986 (power to make hospital order without convicting the accused).

6

In this section and section 8—

  • “custody of the Crown Court” includes custody to which a person is committed in pursuance of—

    1. a

      Article 37 or 40(4) of the M2Magistrates’ Courts (Northern Ireland) Order 1981 (magistrates’ court committing accused for trial); or

    2. b

      section 51(8) of the M3Judicature (Northern Ireland) Act 1978 (magistrates’ court dealing with a person brought before it following his arrest in pursuance of a warrant issued by the Crown Court);

  • “custody of a magistrates’ court” means custody to which a person is committed in pursuance of Article 47 or 49 of the Magistrates’ Courts (Northern Ireland) Order 1981 (remand);

  • “custody time limit” means a time limit imposed by the regulations in pursuance of section 8(1)(b) or, where any such limit has been extended by the Crown Court under section 8(4), the limit as so extended;

  • “overall time limit” means a time limit imposed by the regulations in pursuance of section 8(1)(a) or, where any such limit has been extended by the Crown Court under section 8(4), the limit as so extended;

  • “relevant offence” means—

    1. a

      a scheduled offence, or

    2. b

      an offence in relation to which the regulations have effect in accordance with section 8(3); and

  • “specified” means specified in the regulations.

7

For the purposes of the application of any custody time limit in relation to a person who is in the custody of a magistrates’ court or of the Crown Court—

a

all periods during which he is in the custody of a magistrates’ court in respect of the same offence shall be aggregated and treated as a single continuous period; and

b

all periods during which he is in the custody of the Crown Court in respect of the same offence shall be aggregated and treated similarly.