Paragraph 6 Procedural powers where no application madeI1

Northern Ireland Not yet in force

(1)

This paragraph applies in the circumstances mentioned in sub-paragraph (1)(b), (c), (d) or (e) of paragraph 1.

(2)

For the purpose of deciding whether to make a CCE prevention order, the court may consider evidence led by the prosecution and evidence led by the defendant.

(3)

It does not matter whether the evidence would have been admissible in the proceedings giving rise to the circumstances referred to in sub-paragraph (1).

(4)

The court may adjourn any proceedings relating to the making of a CCE prevention order.

(5)

If the defendant does not appear for any adjourned proceedings, the court may—

(a)

further adjourn the proceedings,

(b)

issue a warrant for the defendant’s arrest, or

(c)

hear the proceedings in the defendant’s absence.

(6)

The court may act under sub-paragraph (5)(b) only if satisfied that the defendant has had adequate notice of the time and place of the adjourned proceedings.

(7)

The court may act under sub-paragraph (5)(c) only if satisfied that the defendant—

(a)

has had adequate notice of the time and place of the adjourned proceedings, and

(b)

has been informed that if the defendant does not appear for those proceedings, the court may hear the proceedings in the defendant’s absence.

(8)

Nothing in this paragraph limits any other powers of the court.

Annotations

Commencement

I1: Sch. 8 para. 6 not in force at Royal Assent, see s. 255(8)