Article 5 Ascertainment of person's liability to be dealt with under Article 3
Northern Ireland
Where—
after the discharge of any such person as is mentioned in Article 3(1)(a), he has been convicted asF1 so mentioned of an offence mentioned in Article 3(1)(b); and
it appears on complaint to a justice of the peace F2..., that he has not been ordered under Article 3 to be returned to prison or a young offenders centre and that there is no such record as is mentioned in Article 3(7),
the justice may issue a summons requiring the offender to appear at the place and time specified therein, or may, if the complaint is in writing and substantiated on oath, issue a warrant for his arrest.
A summons or warrant issued under this Article shall, subject to paragraph (3), direct the offender to appear or to be brought before
where the offender was convicted as mentioned in paragraph (1)(a) on indictment, the Crown Court; and
where the offender was so convicted by a magistrates' court, a magistrates' court F3....
Where a person who has been convicted as mentioned in paragraph (1)(a) appears or is brought before a court under this Article, Articles 3 and 4 shall apply as if that person had just been so convicted by or before that court
If—
a warrant is issued under paragraph (1) requiring an offender to be brought before [F4 the Crown Court]; and
the offender cannot forthwith be brought before [ the Crown Court] because it is not being held,
the warrant shall have effect as if it directed the offender to be brought before a magistrates' court having jurisdiction in the place where he is arrested.
Where an offender is brought before a magistrates' court in pursuance of paragraph (3), that court shall commit him in custody or on bail to [ the Crown Court].
Annotations
Textual amendments
- F1
- F2
Words in art. 5(1)(b) repealed (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 71(a), Sch. 9 Pt. 1 (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k)(m) (with art. 3)
- F3
Words in art. 5(2)(b) repealed (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 71(b), Sch. 9 Pt. 1 (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k)(m) (with art. 3)
- F4
Notes on the whole Order
Textual amendments
- F1
Order repealed (prosp.) by Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)), arts. 1(4), 102(2), Sch. 6 Pt. 1