The Magistrates' Courts (Northern Ireland) Order 1981

Documents to be furnished to court and served on accused N.I.

32.—(1)  [F1 Where a preliminary inquiry into an indictable offence is to be heldby a magistrates’ court, the prosecution shall—

(a) send] copies of the documents mentioned in sub-paragraph (b) to the clerk of petty sessions F2 ...; and

(b) cause F3 ... the following documents, that is to say—

(i) a statement of the complaint made against him;

(ii) a statement of the evidence of each witness upon whose evidence the complaint is based;

(iii) a list of exhibits, if any, to be produced or referred to by the witness referred to in head (ii) together with—

[F4 (aa) in the case of a written exhibit, a copy of that exhibit or a notice of the time and place when that exhibit may be examined by the accused or his solicitor or any witness whom the accused may wish to call at his trial to give evidence relating to it; and

(bb) in the case of any other exhibit, a notice of the time and place when that exhibit may be examined as mentioned in paragraph (aa);]

to be served on the accused, or if there is more than one accused person upon each such person, a reasonable time before the day fixed for the conduct of the preliminary inquiry.

(2) The accused shall have the right to inspect every exhibit, either by himself or in consultation with his solicitor or any witness whom the accused may wish to call at his trial.

F5 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) If, when the accused appears before the court and the charge is read to him according to law,—

F6 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) the court is satisfied that in all the circumstances the accused has not had sufficient notice of any evidence to be tendered at the preliminary inquiry; or

(c) the documents mentioned in paragraph (1) (b) have not been served on the accused,

the court shall remand the accused in accordance with Article 47.

F1 Words in art. 32(1) substituted (17.10.2022) by Criminal Justice (Committal Reform) Act (Northern Ireland) 2022 (c. 4), s. 5(2), Sch. para. 8(2); S.R. 2022/221, art. 2(d)

F2 Words in art. 32(1)(a) repealed (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 86(9), Sch. 9 Pt. 1 (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k)(m) (with art. 3)

F3 Words in art. 32(1)(b) repealed (17.10.2022) by Criminal Justice (Committal Reform) Act (Northern Ireland) 2022 (c. 4), s. 5(2), Sch. para. 8(3)(a); S.R. 2022/221, art. 2(d)

F4 1991 NI 16

F5 Art. 32(3) repealed (17.10.2022) by Criminal Justice (Committal Reform) Act (Northern Ireland) 2022 (c. 4), s. 5(2), Sch. para. 8(3)(b); S.R. 2022/221, art. 2(d)

F6 Art. 32(4)(a) repealed (17.10.2022) by Criminal Justice (Committal Reform) Act (Northern Ireland) 2022 (c. 4), s. 5(2), Sch. para. 8(3)(b); S.R. 2022/221, art. 2(d)