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Rule 24 Procedure in relation to certain offences to which Article 29 of the Order applies

Northern Ireland

(1)

Where the accused appearing in person is charged with an offence [f1 ...] to which paragraph (1) of Article 29 of the Order applies, after the substance of the complaint is stated to the accused and before he pleads thereto, the court shall, subject to paragraphs (2) and (3)—

(a)

address the accused as follows:—

For the offence with which you are charged you may be tried summarily but you have a right to claim to be tried [f2 in the Crown Court sitting with a jury. In certain circumstances a trial in the Crown Court may be heard by a judge sitting without a jury

(b)

if desirable, give to the accused information as to the court to which he may be committed for trial and any explanation as to the meaning of being tried summarily:

(c)

address the accused as follows:—

Instead of being tried summarily do you wish to claim your right to be tried[ in the Crown Court?

(2)

Where the accused appearing in person with an offence to which Article 29(4) of the Order applies, after the substance of the complaint is stated to the accused and before he pleads thereto, the court shall—

(a)

address the accused as follows;—

For the offence with which you are charged you may be tried summarily but if you have previously been convicted of a like offence, but not otherwise, you may have the right to be tried [f3 in the Crown Court sitting with a jury. In certain circumstances a trial in the Crown Court may be heard by a judge sitting without a jury

(b)

if desirable, give the accused any information as to the court to which he may be committed for trial and any explanation as to the meaning of being tried summarily;

(c)

address the accused as follows:—

If you have the right to be tried [ in the Crown Court], do you wish to claim it or do you wish to be tried summarily?

(d)

if the accused in answer to the last question claims to be tried [ in the Crown Court], inquire into the record of the accused for the purpose of verifying his claim but such inquiry shall be confined to matters necessary for such verification.

(3)

[f4 ... ]

(4)

It shall be sufficient compliance with this Rule requiring the court to address the accused for the presiding district judge (magistrates’ court) to cause the accused to be addressed in the appropriate manner by an official of the court.

Annotations

Footnotes

f1

Words omitted by S.R. 2008 No. 251 with effect from 16.07.08

f2

Words substituted by S.R. 2008 No. 251 with effect from 16.07.08

f3

Words substituted by S.R. 2008 No. 251 with effect from 16.07.08

f4

Paragraph omitted by S.R. 2008 No. 251 with effect from 16.07.08