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The Magistrates' Courts (Northern Ireland) Order 1981
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The Magistrates' Courts (Northern Ireland) Order 1981, Section 18 is up to date with all changes known to be in force on or before 28 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Article 18:
- Act amended by 1996 c. 25 s.79 Sch.4 para 30
- Act amended by 1996 c. 25 s.79 Sch.4 para 30
- Sch.6 Pt.I para.5 revoked by S.I. 1995/756 art.15 Sch.
- Instrument am (prosp) by S.I. 1994/2795 (N.I.) arts.3(4) 25
- Instrument am (prosp) by S.I. 1994/2795 (N.I.) art.3(5) Sch.1
- Instrument am (prosp) by S.I. 1994/2795 (N.I.) art.5(2)
- Instrument mod (prosp) by 1994 c. 33 s. 91(3)
- Order power to modify conferred by 2015 c. 9 (N.I.) s. 24(5)(a) (see s 24(6))
- Instrument revoked by 1998 c. 41 s.74(1)(3) Sch.12 para.5 Sch.14 Pt.I
- art. 29A excluded by 1975 c. 59, s. 4(3) (as substituted) by 2015 c. 9 (N.I.) s. 7(6)
- art. 29A inserted by 2015 c. 9 (N.I.) s. 7(2)
- art. 34(1A)-(1E) inserted by 2015 c. 9 (N.I.) s. 8(2)
- art. 140(2ZA) inserted by 2016 c. 18 (N.I.) Sch. 10 para. 16
Changes and effects yet to be applied to the whole Order associated Parts and Chapters:
- Act amended by 1996 c. 25 s.79 Sch.4 para 30
- Act amended by 1996 c. 25 s.79 Sch.4 para 30
- Order power to modify conferred by 2015 c. 9 (N.I.) s. 24(5)(a) (see s 24(6))
Whole provisions yet to be inserted into this Order (including any effects on those provisions):
- Sch.6 Pt.I para.5 revoked by S.I. 1995/756 art.15 Sch.
- art. 29A excluded by 1975 c. 59, s. 4(3) (as substituted) by 2015 c. 9 (N.I.) s. 7(6)
- art. 29A inserted by 2015 c. 9 (N.I.) s. 7(2)
- art. 34(1A)-(1E) inserted by 2015 c. 9 (N.I.) s. 8(2)
- art. 140(2ZA) inserted by 2016 c. 18 (N.I.) Sch. 10 para. 16
Summary trial of charges in and out of petty sessionsN.I.
18.—(1) Except as otherwise provided by this Article, a complaint charging a summary offence or an indictable offence with which the court has decided to deal summarily under this Order or any other enactment shall be heard and determined by a court of summary jurisdiction.
(2) A resident magistrate, if satisfied that a person charged with a summary offence or with an indictable offence which he has decided to deal with summarily in accordance with this Order or any other enactment is unable to give bail for his appearance before a court of summary jurisdiction, may hear and determine the complaint out of petty sessions.
Para. (3) rep. by 2002 c. 26
(4) Procedure before a resident magistrate or[F1 lay magistrate] sitting out of petty sessions shall be as before a court of summary jurisdiction and—
(a)a resident magistrateF1. . . so sitting may in relation to any matter which he has jurisdiction to hear and determine under paragraph (2)F1. . . exercise all the powers of a court of summary jurisdiction; and
(b)orders made by a resident magistrate or[F1 lay magistrate] so sitting shall have effect as orders made by a court of summary jurisdiction F2....
F2Words in art. 18(4)(b) repealed (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 86(7), Sch. 9 Pt. 1 (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k)(m) (with art. 3)
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