Article 12 Release on bailC1

Northern Ireland

(1)

Where a court remands or commits for trial a child charged with an offence, it shall release him on bail unless—

(a)

the court considers that to protect the public it is necessary to remand him in custody; and

(b)

paragraph (2) or (3) applies.

(2)

This paragraph applies where the offence charged—

(a)

is a violent or sexual offence; or

(b)

is one where in the case of an adult similarly charged he would be liable on conviction on indictment to imprisonment for 14 years or more.

(3)

This paragraph applies—

(a)

where the offence charged is an F1indictable offence; and

(b)

the child either—

(i)

was on bail on any date on which he is alleged to have committed the offence; or

(ii)

has been found guilty of an F2indictable offence within the period of two years ending on the date on which he is charged with the offence mentioned in sub-paragraph (a).

(4)

This Article is subject toF3 section 67 of the Terrorism Act 2000.

Annotations

Textual amendments

F1: Word in art. 12(3)(a) substituted (1.3.2007) by Police and Criminal Evidence (Amendment) (Northern Ireland) Order 2007 (S.I. 2007/288 (N.I. 2)), arts. 1(2), 15(4), Sch. 1 para. 34(4)
F2: Word in art. 12(3)(b)(ii) substituted (1.3.2007) by Police and Criminal Evidence (Amendment) (Northern Ireland) Order 2007 (S.I. 2007/288 (N.I. 2)), arts. 1(2), 15(4), Sch. 1 para. 34(4)
F3: 2000 c. 11

Modifications

C1: Art. 12 applied (3.12.2014) by The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014 (S.I. 2014/3141), regs. 1(b), 110(11) (with reg. 110(12))

Notes on the whole Order

Textual amendments

F1: functions transf. by SR 2003/137