SCHEDULEAmendments and repeals: Abolition of preliminary investigations and mixed committals

Section 3.

The Criminal Justice Act (Northern Ireland) 1945 (c. 15)

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In section 45(1) in the definition of “court of summary jurisdiction” for “investigation of” substitute “inquiry into”.

The Electoral Law Act (Northern Ireland) 1962 (c. 14)

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In section 110(1) for “investigation of” substitute “inquiry into”.

The Costs in Criminal Cases Act (Northern Ireland) 1968 (c. 10)

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In section 3(1) for “investigation of” (twice) substitute “inquiry into”.

The Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968 (c. 28)

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In section 1(9) for “investigation of” substitute “inquiry into”.

The Criminal Jurisdiction Act 1975 (c. 59)

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Sections 4(3) and 10 are repealed.

The Criminal Appeal (Northern Ireland) Act 1980 (c. 47)

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In section 41(2)(b) the words “preliminary investigation or” are repealed.

The Magistrates’ Courts (Northern Ireland) Order 1981 (NI 26)

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1

The following provisions are repealed—

a

in Article 2(3), in the definition of “summary proceeding”, the words “a preliminary investigation or” and “investigation or”;

b

in Article 16(1)(a) the words “or a preliminary investigation”;

c

Article 31.

2

In Article 32(1) for the words from the beginning to “together with” in sub-paragraph (a) substitute—

1

Where a preliminary inquiry into an indictable offence is to be heldby a magistrates’ court, the prosecution shall—

a

send

3

The following provisions are repealed—

a

in Article 32(1)(b) the words “a copy of that notice together with”;

b

Article 32(3) and (4)(a);

c

in Article 33(1) the words “to the like extent as oral evidence to the like effect by that person”;

d

in Article 35 the words “a preliminary investigation or” and “investigation or”;

e

Article 37(1);

f

in Article 37(5) the words “investigation or”;

g

in Article 39(1) the words “investigation or”;

h

in Article 42(1) the words from “or the deposition taken” to “on his behalf,”;

i

in Article 42(3) the words “(other than a statement which is to be disregarded under Article 34(2))”;

j

in Article 44(1) and (2) the words “investigation or”;

k

in Article 46(1) the words “whether any evidence shall then have been given or not”;

l

in Article 46(2) the words “depositions shall be taken or, as the case may require,”;

m

in Schedule 4 in paragraphs 1 and 3 the words “the preliminary investigation or”;

n

in Schedule 5, paragraph 3.

The Mental Health (Northern Ireland) Order 1986 (NI 4)

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In Article 58(7) the words “preliminary investigation or” are repealed.

The Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988 (NI 16)

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Article 3(1)(c)(i) is repealed.

The Police and Criminal Evidence (Northern Ireland) Order 1989 (NI 12)

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The following provisions are repealed—

a

Article 80A(4)(a);

b

in Article 81(1A)—

i

in sub-paragraph (a) the words “to preliminary investigations or preliminary inquiries into indictable offences,”;

ii

sub-paragraph (c) and the word “and” immediately before it;

c

in Article 81(7) the words “at a preliminary investigation or a preliminary inquiry into an indictable offence or”;

d

Article 81A(10).

The Children’s Evidence (Northern Ireland) Order 1995 (NI 3)

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Article 4(2)(a) is repealed.

The Road Traffic Offenders (Northern Ireland) Order 1996 (NI 10)

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In Article 9(1) the words “investigation or” are repealed.

The Criminal Justice (Children) (Northern Ireland) Order 1998 (NI 9)

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The following provisions are repealed—

a

Article 23;

b

in Article 29(2)(b)(i) the words “preliminary investigation or”;

c

in Schedule 5, paragraph 18.

The Criminal Evidence (Northern Ireland) Order 1999 (NI 8)

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The following provisions are repealed—

a

Article 15(10);

b

in Article 29(3)(a) the words “preliminary investigation or”.

The Criminal Justice (Northern Ireland) Order 2004 (NI 9)

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Article 10(2)(c) is repealed.

The Justice and Security (Northern Ireland) Act 2007 (c. 6)

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Section 3 is repealed.

The Justice Act (Northern Ireland) 2015 (c. 9)

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The following provisions are repealed—

a

Chapter 1 of Part 2;

b

in section 13(3) the words “(1) or”;

c

section 49(12);

d

in Schedule 9, Part 2.