Rule 43 Conditions to be complied with before preliminary ... inquiryF2
Northern Ireland
Where an adult is charged with an indictable offence specified in Schedule 2 to the Order, a lay magistrate (other than a district judge (magistrates’ court)) shall not proceed to conduct a F1... preliminary inquiry unless he is informed that—
the prosecutor will not in any event consent to summary trial of the charge under Article 45 of the Order; or
a district judge (magistrates’ court) has decided that it is not expedient to deal with the charge summarily.
Annotations
Textual amendments
- F1
Words in rule 43 omitted (17.10.2022) by virtue of The Magistrates’ Courts (Amendment) Rules (Northern Ireland) 2022 (S.R. 2022/218), rules 1, 3(9)(b) (with rule 2); S.R. 2022/221, art. 2(a)
- F2
Words in rule 43 heading omitted (17.10.2022) by virtue of The Magistrates’ Courts (Amendment) Rules (Northern Ireland) 2022 (S.R. 2022/218), rules 1, 3(9)(a) (with rule 2); S.R. 2022/221, art. 2(a)