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Rule 42 Documents and exhibits referred to, etc., at preliminary inquiry to be sent to the court of trial

Northern Ireland

(1)

Within seven days after the close of a preliminary inquiry at which any person is committed for trial, and in any case before the date on which he is to be arraigned, the clerk of petty sessions shall send to the chief clerk F1... the following original documents—

(a)

the complaint if it is in writing;

(b)

the statement of complaint;

(c)

where the charge or charges upon which the accused is committed for trial differ from the charge or charges in the complaint or complaints set out in the statement of complaint first read or put to the accused under F2Rule 34(2), a statement of the charges upon which the accused was committed for trial;

F3(d)

the written statements and any depositions admitted in evidence at the preliminary inquiry;

(e)

any formal admission of facts made under section 2 of the Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968 for the purpose of the inquiry;

(f)

the certificate in Form 27 of the clerk of petty sessions authenticating those statements, depositions or such admissions;

(g)

the recognizances of the prosecutor and witnesses (if separate from depositions);

(h)

all statements made by the accused before the magistrates’ court;

(i)

if the accused is committed for trial on bail, the recognizance of the accused;

(j)

any recognizance entered into by any person as surety for the accused;

(k)

a certificate of the names [f1 ... ] of the witnesses who have been, or are treated as having been, bound over to attend the trial conditionally;

(l)

subject to paragraph (2), a list in Form 24 of the exhibits, documentary or otherwise, produced or referred to in evidence at the inquiry;

(m)

every exhibit lodged in court;

(n)

any other relevant document; and

(o)

a statement of the dates on which the defendant was remanded before completion of the preliminary inquiry.

(2)

Where during the course of a preliminary inquiry the list of exhibits in Form 24 is altered by the addition or omission of any exhibit the clerk of petty sessions shall forward such list with any alterations initialled by him.

(3)

Paragraph (1) shall apply to the committal for trial of persons under Article 40 of the Order as if paragraphs (a) to (h) and (1) and (m) were omitted.

(4)

Where after a preliminary inquiry the accused is not committed for trial the written statement of the evidence of the witnesses tendered at the inquiry shall be preserved for a period of three years by the clerk of petty sessions.

(5)

The court may direct that the written statements required to be read aloud under Article 37(6) of the Order shall be so read by the clerk of petty sessions or other court official.

Annotations

Textual amendments

F1

Words in rule 42(1) omitted (31.10.2016) by virtue of The Magistrates’ Courts (Amendment No. 2) Rules (Northern Ireland) 2016 (S.R. 2016/304), rules 1, 3(9); S.R. 2016/387, art. 2(a)

F2

Words in rule 42(1)(c) substituted (17.10.2022) by The Magistrates’ Courts (Amendment) Rules (Northern Ireland) 2022 (S.R. 2022/218), rules 1, 3(7)(a) (with rule 2); S.R. 2022/221, art. 2(a)

F3

Rule 42(1)(d) substituted (17.10.2022) by The Magistrates’ Courts (Amendment) Rules (Northern Ireland) 2022 (S.R. 2022/218), rules 1, 3(7)(b) (with rule 2); S.R. 2022/221, art. 2(a)

Footnotes

f1

Words deleted by S.R. 1990 No. 426 with effect from 1.1.91