Article 2 Interpretation
Northern Ireland
The 1954 c. 33 (N.I.). Interpretation Act (Northern Ireland) 1954 shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.
In this Order—
“accused”, in relation to any criminal proceedings, means any person charged with an offence to which the proceedings relate (whether or not he has been convicted);
“the complainant”, in relation to any offence (or alleged offence), means a person against or in relation to whom the offence was (or is alleged to have been) committed F1(but see also Article 3A(2) to (5)) ;
“judge” includes, in relation to a magistrates' court, the resident magistrateF2. . . F3and (in the case of a youth court) any lay magistrate;
“picture” includes a likeness however produced;
“the prosecutor” means any person acting as prosecutor, whether an individual or body;
“rules of court” means Crown Court rules, magistrates' courts rules, county court rules or rules made under section 55 of the 1978 c. 23. Judicature (Northern Ireland) Act 1978;
“video recording” means any recording, on any medium, from which a moving image may by any means be produced, and includes the accompanying sound-track;
“witness”, in relation to any criminal proceedings, means any person called, or proposed to be called, to give evidence in the proceedings.
Nothing in this Order shall affect any power of a court to exclude evidence at its discretion (whether by preventing questions being put or otherwise) which is exercisable apart from this Order.
Annotations
Textual amendments
- F1
Words in art. 2(2) inserted (21.2.2022) by Domestic Abuse and Civil Proceedings Act (Northern Ireland) 2021 (c. 2), s. 25(2); S.R. 2022/57, art. 2(y)
- F2
- F3
Art. 2(2): words added (2.2.2009) in the definition of "judge" by Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)), arts. 1(4), 82(3); S.R. 2008/472, art. 2(4), Sch. Pt. IV