OpenLegislation

Section 1 Preliminary enquiry into scheduled offences.

Northern Ireland

(1)

Where in any proceedings before a magistrates’ court for a scheduled offence (not being an extra-territorial offence as defined in section 1(3) of the M1Criminal Jurisdiction Act 1975) the prosecutor requests the court to conduct a preliminary enquiry into the offence under the F1M2Magistrates’ Courts (Northern Ireland) Order 1981, the court shall, notwithstanding anything in F2Article 31 of that Order of 1981, conduct a preliminary enquiry into the offence unless the court is of opinion that in the interests of justice a preliminary investigation should be conducted into the offence under F3that Order of 1981.

(2)

Where in any proceedings a person charged with a scheduled offence is also charged with another offence which is not a scheduled offence, that other offence shall be treated as a scheduled offence for the purposes of subsection (1) above.

Annotations

Textual amendments

F1

Words substituted by S.I. 1981/1675 (N.I. 26), art. 170(2), Sch. 6 Pt. I, para. 48(a)

F2

Words substituted by S.I. 1981/1675 (N.I. 26), art. 170(2), Sch. 6 Pt. I, para. 48(b)

F3

Words substituted by S.I. 1981/1675 (N.I. 26), art. 170(2), Sch. 6 Pt. I, para. 48(c)

Marginal citations

M1

1975 c. 59.

M2

1981/1675

Notes on the whole Act

Textual amendments

F1

Act repealed (27.8.1991) by Northern Ireland (Emergency Provisions) Act 1991 (c. 24, SIF 39:1), ss. 69(1), 70(4), Schedule 8 PartI