Section 3.
SCHEDULEAmendments and repeals: Abolition of preliminary investigations and mixed committals
This schedule has no associated Explanatory Notes
1. In section 45(1) in the definition of “court of summary jurisdiction” for “investigation of” substitute “inquiry into”.
2. In section 110(1) for “investigation of” substitute “inquiry into”.
3. In section 3(1) for “investigation of” (twice) substitute “inquiry into”.
4. In section 1(9) for “investigation of” substitute “inquiry into”.
5. Sections 4(3) and 10 are repealed.
6. In section 41(2)(b) the words “preliminary investigation or” are repealed.
7. In Article 29(2)(b) the words “the depositions taken at the preliminary investigation or, as the case may be,” and “, and any depositions taken,” are repealed.
8.—(1) The following provisions are repealed—
(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(3) The following provisions are repealed—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.
9. In Article 58(7) the words “preliminary investigation or” are repealed.
10. Article 3(1)(c)(i) is repealed.
11. The following provisions are repealed—
(a)Article 80A(4)(a);
(b)in Article 81(1A)—
(i)in sub-paragraph (a) the words “to preliminary investigations or preliminary inquiries into indictable offences,”;
(ii)sub-paragraph (c) and the word “and” immediately before it;
(c)in Article 81(7) the words “at a preliminary investigation or a preliminary inquiry into an indictable offence or”;
(d)Article 81A(10).
12. Article 4(2)(a) is repealed.
13. In Article 9(1) the words “investigation or” are repealed.
14. The following provisions are repealed—
(a)Article 23;
(b)in Article 29(2)(b)(i) the words “preliminary investigation or”;
(c)in Schedule 5, paragraph 18.
15. The following provisions are repealed—
(a)Article 15(10);
(b)in Article 29(3)(a) the words “preliminary investigation or”.
16. Article 10(2)(c) is repealed.
17. Section 3 is repealed.
18. The following provisions are repealed—
(a)Chapter 1 of Part 2;
(b)in section 13(3) the words “(1) or”;
(c)section 49(12);
(d)in Schedule 9, Part 2.