Justice Act (Northern Ireland) 2015

Public Prosecutor's summons N.I.

Public Prosecutor's summons N.I.

93—(1) Where a complaint has been made by a Public Prosecutor to a lay magistrate F1 ... that a person has, or is suspected of having, committed a summary offence F1 ..., the Public Prosecutor may issue a summons directed to that person requiring that person to appear before [F2 a magistrates' court] to answer to the complaint.

F3 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Where a Public Prosecutor has made a complaint to a lay magistrate F4 ... that a person has, or is suspected of having, committed an indictable offence F4 ... the Public Prosecutor may issue a summons requiring that person to appear [F5 before a] magistrates' court.

(4) Where a Public Prosecutor is satisfied that a summons issued under subsection (1) has not been served, the Public Prosecutor may, without a complaint being made to a lay magistrate, re-issue the summons extending the time for the appearance of the person summoned.

(5) Any existing statutory provision which applies to a complaint made or summons issued under paragraph (1), (2), (3) or (4A) of Article 20 of the Magistrates' Courts (Northern Ireland) Order 1981 shall apply (with appropriate modifications) to a complaint made or summons issued by a Public Prosecutor under the corresponding subsection of this section.

(6) In this section “Public Prosecutor” has the meaning given in section 29(5) of the Justice (Northern Ireland) Act 2002.

Textual Amendments

F1 Words in s. 93(1) repealed (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 143(a), Sch. 9 Pt. 1 (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k)(m) (with art. 3)

F2 Words in s. 93(1) substituted (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 143(a) (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k) (with art. 3)

F3 S. 93(2) repealed (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 143(b), Sch. 9 Pt. 1 (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k)(m) (with art. 3)

F4 Words in s. 93(3) omitted (31.10.2016) by virtue of Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 143(c) (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k) (with art. 3)

F5 Words in s. 93(3) substituted (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 143(c) (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k) (with art. 3)

Commencement Information

I1 S. 93 in operation at 1.4.2016 by S.R. 2016/136, art. 3(b)