Criminal Justice (Committal Reform) Act (Northern Ireland) 2022

The Magistrates’ Courts (Northern Ireland) Order 1981 (NI 26) N.I.

8.—(1) The following provisions are repealed— N.I.

(a) in Article 2(3), in the definition of “summary proceeding”, the words “a preliminary investigation or” and “investigation or”;

(b) in Article 16(1)(a) the words “or a preliminary investigation”;

(c) Article 31.

(2) In Article 32(1) for the words from the beginning to “together with” in sub-paragraph (a) substitute—

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

(a) send”.

(3) The following provisions are repealed—

(a) in Article 32(1)(b) the words “a copy of that notice together with”;

(b) Article 32(3) and (4)(a);

(c) in Article 33(1) the words “to the like extent as oral evidence to the like effect by that person”;

(d) in Article 35 the words “a preliminary investigation or” and “investigation or”;

(e) Article 37(1);

(f) in Article 37(5) the words “investigation or”;

(g) in Article 39(1) the words “investigation or”;

(h) in Article 42(1) the words from “or the deposition taken” to “on his behalf,”;

(i) in Article 42(3) the words “(other than a statement which is to be disregarded under Article 34(2))”;

(j) in Article 44(1) and (2) the words “investigation or”;

(k) in Article 46(1) the words “whether any evidence shall then have been given or not”;

(l) in Article 46(2) the words “depositions shall be taken or, as the case may require,”;

(m) in Schedule 4 in paragraphs 1 and 3 the words “the preliminary investigation or”;

(n) in Schedule 5, paragraph 3.

Commencement Information

I1 Sch. para. 8 not in operation at Royal Assent, see s. 5(2)

I2 Sch. para. 8 in operation at 17.10.2022 by S.R. 2022/221, art. 2(d)