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Domestic Abuse and Civil Proceedings Act (Northern Ireland) 2021
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Establishing connection by noticeN.I.
This section has no associated Explanatory Notes
19—(1) In proceedings in respect of a charge against a person (“A”) of an offence alongside which there is specification of an allegation of aggravation as mentioned in section 15, the prosecutor may serve notice on A or A's solicitor proposing that the matter of A and B being personally connected as required for proof of the aggravation is to be taken as established for the purposes of the proceedings.
(2) Notice by the prosecutor under this section must be—
(a)in writing, and
(b)served no later than the point in the proceedings when the prosecutor complies with section 3 of the Criminal Procedure and Investigations Act 1996 (or purports to comply with it).
(3) If notice is served by the prosecutor under this section, the matter is to be taken as established for the purposes of the proceedings unless it is challenged in accordance with this section.
(4) The matter is challenged in accordance with this section by—
(a)A or A's solicitor serving on the Director of Public Prosecutions for Northern Ireland, not later than the seventh day after the day of service of notice by the prosecutor under this section, written counter-notice of objection stating the reason for objection, or
(b)such later objection as the court allows in the interests of justice.
(5) In this section, “B” is the person in relation to whom the offence is alleged to have been committed.
Commencement Information
I1S. 19 in operation at 21.2.2022 by S.R. 2022/57, art. 2(s)
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