Coroners and Justice Act 2009

This adran has no associated Nodiadau Esboniadol

11(1)In this paragraph—N.I.

  • “old offence” means an offence under section 13(1) of the Criminal Justice Act (Northern Ireland) 1966 (c. 20) as that section had effect before the section 60 commencement date, or an attempt to commit such an offence;

  • “new offence” means an offence under section 13(1) of that Act as that Act is amended by section 60 of this Act.

(2)Sub-paragraph (3) applies where—

(a)a person (“the defendant”) is charged in respect of the same conduct with both an old offence and a new offence,

(b)the only thing preventing the defendant from being found guilty of the new offence is the fact that it has not been proved beyond reasonable doubt that the offence was committed wholly after the section 60 commencement date, and

(c)the only thing preventing the defendant from being found guilty of the old offence is the fact that it has not been proved beyond reasonable doubt that the offence was committed wholly or partly before the section 60 commencement date.

(3)For the purpose of determining the guilt of the defendant it is to be conclusively presumed that the offence was committed wholly or partly before the section 60 commencement date.

(4)For this purpose “the section 60 commencement date” means the day appointed under section 182 for the coming into force of section 60.

Commencement Information