(1)This section applies where a certificate under section 1 has been issued in relation to any trial on indictment of a person charged with one or more indictable offences.
(2)In proceedings before a magistrates' court for the offence or any of the offences, if the prosecution requests the court to conduct a preliminary inquiry into the offence the court must grant the request.
(3)In subsection (2) “preliminary inquiry” means a preliminary inquiry under the Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)).
(4)Subsection (2)—
(a)applies notwithstanding anything in Article 31 of that Order,
(b)does not apply in respect of an offence where the court considers that in the interests of justice a preliminary investigation should be conducted into the offence under that Order, and
(c)does not apply in respect of an extra-territorial offence (as defined in section 1(3) of the Criminal Jurisdiction Act 1975 (c. 59)).
Textual Amendments
F1Ss. 1-8 expire on 1.8.2009 by virtue of s. 9(1) of this Act; S.I. 2007/2045, art. 2(3)(a)
Modifications etc. (not altering text)
C1Ss. 1-8: effective period extended until 1.8.2011 by The Justice and Security (Northern Ireland) Act 2007 (Extension of duration of non-jury trial provisions) Order 2009 (S.I. 2009/2090), art. 2
C2Ss. 1-8: effective period extended until 1.8.2013 by The Justice and Security (Northern Ireland) Act 2007 (Extension of duration of non-jury trial provisions) Order 2011 (S.I. 2011/1720), art. 2
C3Ss. 1-8: effective period extended until 1.8.2015 by The Justice and Security (Northern Ireland) Act 2007 (Extension of duration of non-jury trial provisions) Order 2013 (S.I. 2013/1619), art. 2