Section 8 Power of Secretary of State to set time limits in relation to preliminary proceedings for scheduled offences.
Northern Ireland
The Secretary of State may by regulations make provision, with respect to any specified preliminary stage of proceedings for a scheduled offence, as to the maximum period—
to be allowed to the prosecution to complete that stage;
during which the accused may, while awaiting completion of that stage, be—
in the custody of a magistrates’ court; or
in the custody of the Crown Court,
in relation to that offence.
The regulations may, in particular—
provide for—
the M1Magistrates’ Courts (Northern Ireland) Order 1981,
section 3 above, or
any other enactment, or any rule of law, relating to bail,
to apply in relation to cases to which custody or overall time limits apply subject to such modifications as may be specified (being modifications which the Secretary of State considers necessary in consequence of any provision made by the regulations);
provide for time limits imposed by the regulations to cease to have effect in cases where, after the institution of proceedings for a scheduled offence, the Attorney General for Northern Ireland has certified that the offence in question is not to be treated as a scheduled offence;
make such provision with respect to the procedure to be followed in criminal proceedings as the Secretary of State considers appropriate in consequence of any other provision of the regulations; and
make such transitional provision in relation to proceedings instituted before the commencement of any provision of the regulations as the Secretary of State considers appropriate.
Where separate counts of an indictment allege a scheduled offence and an offence which is not a scheduled offence, then (subject to, and in accordance with, the provisions of the regulations) the regulations shall have effect in relation to the latter offence as if it were a scheduled offence.
The Crown Court may, in circumstances prescribed by the regulations, extend or further extend a time limit at any time before it expires.
Where, in relation to any proceedings for a relevant offence, an overall time limit has expired before the completion of the stage of the proceedings to which the limit applies, the accused shall be treated, for all purposes, as having been acquitted of that offence.
Annotations
Marginal citations
Notes on the whole Act
Textual amendments
- F1
Act repealed (19.2.2001) by 2000 c. 11, s. 125(2), Sch. 16 Pt. I; S.I. 2001/421, arts. 2, 3
- F2
Act ceased to have effect (subject to temporary extension of specified provisions as mentioned below) (20.7.2000) (temporary extension: by ss. 2(2), 128, Sch. 1 paras. 1, 2(1) of 2000 c. 11 there is continued in force for a period of 12 months beginning with 20.7.2000 any provision of the Act (except ss. 26(1)(b), 35 and 50) if and so far as it is in force immediately before 20.7.2000 by virtue of an order under s. 62(3) of this Act)
Act wholly repealed (19.2.2001) by virtue of 2000 c. 11, ss. 2(1)(b), 125(2), 128, Sch. 16 Pt. I; S.I. 2001/421, art. 2