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Article 47 Detention after chargeC1C2

Northern Ireland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Where a person—

(a)

is charged with an offence; and

(b)

after being charged—

(i)

is kept in police detention; or

(ii)

is detained in a place of safety in pursuance of arrangements made under Article 39,

he shall be brought before a magistrates' court in accordance with the provisions of this Article.

F1(2)

He shall be brought before a magistrates' court as soon as is practicable and in any event not later than the day next following the day on which he is charged.

(3)

Where the day next following the day on which he is charged with the offence is Christmas Day, Good Friday or a Sunday, he shall be brought before a magistrates' court not later than the next following day which is not one of those days.

(5)

Nothing in this Article requires a person who is in hospital to be brought before a court if he is not well enough.

Annotations

Textual amendments

F1

Art. 47(2)(3) substituted for art. 47(2)-(4) (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 97(2) (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k) (with art. 3)

Modifications

C1

Art. 47 applied (with modifications) (18.5.2009) by Police and Criminal Evidence (Application to the Police Ombudsman) Order (Northern Ireland) 2009 (S.R. 2009/142), art. 3, Sch. 1, Sch. 2

C2

Art. 47 applied (with modifications) (10.2.2026) by The Police and Criminal Evidence (Northern Ireland) Order 1989 (Application to Immigration Officers and Designated Customs Officials in Northern Ireland) and Consequential Amendments Regulations 2026 (S.I. 2026/117), regs. 1(2), 12-15, 18(2), Sch. 2

Notes on the whole Order

Textual amendments

F1

mod. by 2005 c. 2