{
  "url": "https://openlegislation.uk/magistrates-courts-rules-northern-ireland-1984/rule-45",
  "json_url": "https://openlegislation.uk/magistrates-courts-rules-northern-ireland-1984/rule-45.json",
  "legislation": "nisr/1984/225",
  "legislation_title": "Magistrates’ Courts Rules (Northern Ireland) 1984",
  "legislation_url": "https://openlegislation.uk/magistrates-courts-rules-northern-ireland-1984",
  "path": "rule/45",
  "kind": "rule",
  "number": "45",
  "heading": "Procedure where court decides to deal with an indictable offence summarily under Article 45 of the Order",
  "text": "(1) The procedure shall, until the district judge (magistrates’ court) assumes the power to deal with the offence summarily, be the same in all respects as if the offence were to be dealt with, throughout as an indictable offence.\n(2) The evidence of any witness (other than a witness whose written statement has been admitted in evidence at a preliminary inquiry under Article 33 of the Order) taken before the district judge (magistrates’ court) assumed such power need not be taken again, but every such witness shall, if the accused or the prosecutor or his counsel or solicitor so require, be recalled for the purpose of cross-examination.\n(3) From and after the time when the district judge (magistrates’ court) assumes the power to deal with the offences summarily (subject to the remaining provisions of this Rule) the procedure before and powers exercisable by the district judge (magistrates’ court) shall be the same as in the hearing of a complaint charging a summary offence.\n[(4 The district judge (magistrates’ court) shall, after deciding that it is expedient to deal with the case summarily, cause the charge to be read to the accused and, if he considers it desirable, explain the meaning of the case being dealt with summarily and of committing an accused for trial by jury at the Crown Court. Such explanations shall include a statement as to the Crown Court at which the accused may be tried and the circumstances in which a trial at the Crown Court may be heard by a judge sitting without a jury.]\n[(5 The district judge (magistrate’s court)] shall next address the accused as follows—\nDo you wish to be tried at the Crown Court, or do you consent to the case being dealt with summarily?\nand if the accused consents to be dealt with summarily, the district judge (magistrate’s court) shall ask him “Do you plead guilty or not guilty?”]\n(6) [ ... ]\n(7) [ ... ]\n(8) The district judge (magistrates’ court) may instead of giving the explanation required by [ paragraph (4)] or addressing the accused, as would otherwise be required by [ paragraph (5)], cause such explanation to be given or the accused to be addressed in open court in the appropriate manner by an official of the court and that course shall be sufficient compliance with this Rule.",
  "extent": "N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "Words substituted by S.R. 2008 No. 251 with effect from 16.07.08"
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "Rules 45(6) and 45(7) omitted by S.R. 2008 No. 251 with effect from 16.07.08"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/nisr/1984/225/rule/45",
    "retrieved_at": "2026-10-29T03:32:12.928261+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}