Bail

Bail to which Part II of the Criminal Justice (Northern Ireland) Order 2003 applies
12
1
Part II of the Criminal Justice (Northern Ireland) Order 2003 (S.I. 2003/1247 (N.I. 13)) (bail grantable otherwise than under section 67 of the Terrorism Act 2000 (c. 11)) is amended as set out in subsections (2) to (4).
2
In Article 4(2) (definition of “surrender to custody”) at the end add
or
c
into the custody of the governor of a prison at the time and place for the time being appointed for him to do so.
3
In Article 5 (offence of absconding by person released on bail) for paragraph (3) substitute—
3
A person guilty of an offence paragraph (1) or (2) shall be liable—
a
on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum or to both;
b
on conviction on indictment, to imprisonment for a term not exceeding 3 years or to a fine or to both.
4
In Article 6 of that Order (arrest for absconding or breaking conditions of bail)—
a
in paragraph (3) for “a duty to surrender to custody” substitute “ a duty to surrender into the custody of a court ”;
b
after paragraph (3) insert—
3A
If, on an application made by a constable, a justice of the peace is satisfied that—
a
there are reasonable grounds for believing that a person who is liable to arrest under paragraph (3) is to be found on the premises specified in the application; and
b
any of the conditions specified in paragraph (3B) is satisfied,
he may issue a warrant authorising a constable to enter those premises (if need be by force) and search them for the purpose of arresting that person.
3B
The conditions mentioned in paragraph (3A) are—
a
that it is not practicable to communicate with any person entitled to grant entry to the premises;
b
that entry to the premises will not be granted unless a warrant is produced;
c
that the purpose of a search of the premises may be frustrated or seriously prejudiced unless a constable arriving at the premises can secure immediate entry to them.
; and
c
after paragraph (5) insert—
5A
Paragraphs (4) and (5) do not require a person to be brought before a magistrates' court at any time when he is in hospital and is not well enough.
5
In Article 29(1) of the Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)) (right to claim trial by jury for summary offence if maximum term of imprisonment exceeds six months, subject to specified exceptions) after sub-paragraph (g) add—
h
Article 5(1) or (2) of the Criminal Justice (Northern Ireland) Order 2003 (absconding by person admitted to bail)
.
6
Subsection (3) has no effect in relation to offences committed before it comes into force.