http://www.legislation.gov.uk/ukpga/2002/26/section/44/2003-12-21Justice (Northern Ireland) Act 2002An Act to make provision about the judiciary in Northern Ireland and to amend section 6 of the Appellate Jurisdiction Act 1876; to make provision about the law officers and other legal officers and the courts in Northern Ireland; to establish a Public Prosecution Service for Northern Ireland, a Chief Inspector of Criminal Justice in Northern Ireland and a Northern Ireland Law Commission; to amend the law of youth justice in Northern Ireland; to make provision for making available to victims of crime information about the release of offenders in Northern Ireland; to make provision about community safety in Northern Ireland; to amend the law of legal aid in Northern Ireland; and for connected purposes.2002-07-31texttext/xmlenStatute Law Database2025-01-062003-12-21 Part 2 441For the purposes of this Part proceedings in relation to an offence are instituted—awhere a summons is issued under Article 20 of the Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)), when the complaint for the offence is made under that Article,bwhere a warrant is issued for the arrest of any person under that Article, when the complaint for the offence is made under that Article,cwhere a person is charged with the offence after being taken into custody without a warrant, when he is informed of the particulars of the charge,dwhere an indictment is presented under section 2 of the Grand Jury (Abolition) Act (Northern Ireland) 1969 (c. 15 (N.I.)) in a case falling within paragraph (c) or (e) of subsection (2) of that section, when the indictment is presented to the court.2Where the application of subsection (1) would result in there being more than one time for the institution of the proceedings, they are to be taken to have been instituted at the earliest of those times.3Where proceedings are instituted on the making of a complaint under Article 20 of the Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)), section 31(1) does not require the Director to do anything until the summons or warrant issued under that Article has been served or executed.4For the purposes of this Part references to the conduct of any proceedings include discontinuing the proceedings and the taking of any steps which may be taken in relation to the proceedings (including making representations on appeals or applications for judicial review or in bail applications).5For the purposes of this Part binding over proceedings shall be taken to be criminal proceedings.6“Binding over proceedings” means any proceedings instituted (whether by way of complaint under Article 127 of the Magistrates’ Courts (Northern Ireland) Order 1981 or otherwise) with a view to obtaining from a magistrates’ court an order requiring a person to enter into a recognisance to keep the peace or to be of good behaviour.