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Rule 34 Conduct of preliminary inquiryF1

Northern Ireland

(1)

Without prejudice to Article 32(4) of the Order, the court shall ascertain that the accused or each of them has received a copy of the notice and of the documents required to be served on him under Article 32(1) thereof and Rule 33.

(2)

The court shall cause the charge to be read to the accused and shall, if necessary, explain its nature in ordinary language.

(3)

Where there is more than one charge against an accused, instead of all the charges being read to that accused, if the court is satisfied that the accused is able to read and will not be prejudiced, the court may proceed as follows—

(a)

the clerk shall make public the nature of the charges by reading aloud and in full at least one charge in each category of the offence charged;

(b)

each of the other charges relating to the same category of offence may then be put to the accused by referring to the number of the charge and adding such other particulars as, without a full reading, may enable the accused to understand the charge and follow it on the copy of the statement of complaint.

(4)

The district judge (magistrates’ court) or lay magistrate may at any time cause any charge to be read or read again to the accused.

Annotations

Textual amendments

F1

Rule 34 substituted (17.10.2022) by The Magistrates’ Courts (Amendment) Rules (Northern Ireland) 2022 (S.R. 2022/218), rules 1, 3(4) (with rule 2); S.R. 2022/221, art. 2(a)