Part VIINorthern Ireland

Scheduled offences

66Preliminary inquiry

1

In proceedings before a magistrates' court for a scheduled offence, if the prosecution requests the court to conduct a preliminary inquiry into the offence the court shall grant the request.

2

In subsection (1) “preliminary inquiry” means a preliminary inquiry under the [S.I. 1981/1675 (N.I. 26).] Magistrates' Courts (Northern Ireland) Order 1981.

3

Subsection (1)—

a

shall apply notwithstanding anything in Article 31 of that Order,

b

shall not apply in respect of an offence where the court considers that in the interests of justice a preliminary investigation should be conducted into the offence under that Order, and

c

shall not apply in respect of an extra-territorial offence (as defined in section 1(3) of the [1975 c. 59.] Criminal Jurisdiction Act 1975)).

4

Where a person charged with a scheduled offence is also charged with a non-scheduled offence, the non-scheduled offence shall be treated as a scheduled offence for the purposes of this section.