(1)A trial on indictment in relation to which a certificate under section 1 has been issued is to be held only at the Crown Court sitting in Belfast, unless the Lord Chief Justice of Northern Ireland directs that—
(a)the trial,
(b)a part of the trial, or
(c)a class of trials within which the trial falls,
is to be held at the Crown Court sitting elsewhere.
(2)The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under subsection (1)—
(a)the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002 (c. 26);
(b)a Lord Justice of Appeal (as defined in section 88 of that Act).
(3)If a person is committed for trial on indictment and a certificate under section 1 has been issued in relation to the trial, the person must be committed—
(a)to the Crown Court sitting in Belfast, or
(b)where a direction has been given under subsection (1) which concerns the trial, to the Crown Court sitting at the place specified in the direction;
and section 48 of the Judicature (Northern Ireland) Act 1978 (c. 23) (committal for trial on indictment) has effect accordingly.
(4)Where—
(a)a person is committed for trial on indictment otherwise than to the Crown Court sitting at the relevant venue, and
(b)a certificate under section 1 is subsequently issued in relation to the trial,
the person is to be treated as having been committed for trial to the Crown Court sitting at the relevant venue.
(5)In subsection (4) “the relevant venue”, in relation to a trial, means—
(a)if the trial falls within a class specified in a direction under subsection (1)(c) (or would fall within such a class had a certificate under section 1 been issued in relation to the trial), the place specified in the direction;
(b)otherwise, Belfast.
(6)Where—
(a)a person is committed for trial to the Crown Court sitting in Belfast in accordance with subsection (3) or by virtue of subsection (4), and
(b)a direction is subsequently given under subsection (1), before the commencement of the trial, altering the place of trial,
the person is to be treated as having been committed for trial to the Crown Court sitting at the place specified in the direction.
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 continued 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 continued 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 continued 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
C4Ss. 1-8 continued until 1.8.2017 by The Justice and Security (Northern Ireland) Act 2007 (Extension of duration of non-jury trial provisions) Order 2015 (S.I. 2015/1572), art. 2
C5Ss. 1-8 continued until 1.8.2019 by The Justice and Security (Northern Ireland) Act 2007 (Extension of duration of non-jury trial provisions) Order 2017 (S.I. 2017/798), art. 2
C6Ss. 1-8 continued until 1.8.2021 by The Justice and Security (Northern Ireland) Act 2007 (Extension of duration of non-jury trial provisions) Order 2019 (S.I. 2019/1097), art. 2