PART 2COMMITTAL FOR TRIAL

CHAPTER 2DIRECT COMMITTAL FOR TRIAL IN CERTAIN CASES

Direct committal for trial: offences related to specified offences

12Direct committal: offences related to specified offences

1

Where—

a

this Chapter applies in relation to an accused (“A”) who—

i

is charged with an offence (“offence A”) which is not a specified offence, and

ii

is not also charged with a specified offence,

b

A appears or is brought before the court on the same occasion as another person (“B”) charged with a specified offence,

c

the court commits B for trial for the specified offence under section 11, and

d

offence A appears to the court to be related to the specified offence for which the court commits B for trial,

the court shall forthwith commit A to the Crown Court for trial for offence A.

2

Where—

a

this Chapter applies in relation to an accused (“A”) who—

i

is charged with an offence (“offence A”) which is not a specified offence, and

ii

is not also charged with a specified offence,

b

on a previous occasion another person (“B”) has appeared or been brought before the court charged with a specified offence,

c

the court has on that occasion committed B for trial for the specified offence under section 11, and

d

offence A appears to the court to be related to the specified offence for which the court committed B for trial,

the court may forthwith commit A to the Crown Court for trial for offence A if the court considers that it is necessary or appropriate in the interests of justice to do so.

3

Where the court commits the accused for trial for an offence under this section—

a

it shall accordingly not conduct committal proceedings in relation to that offence; and

b

the functions of the court then cease in relation to that offence, except as provided by—

i

section 13; or

ii

Article 29(2)(a) of the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 or any regulations under Article 26(3) of the Access to Justice (Northern Ireland) Order 2003.

4

For the purposes of this section an offence is related to a specified offence if a count charging the offence could be included in the same indictment as a count charging the specified offence.