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The Magistrates' Courts (Northern Ireland) Order 1981
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Changes to legislation:
The Magistrates' Courts (Northern Ireland) Order 1981, Section 32 is up to date with all changes known to be in force on or before 29 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
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Changes and effects yet to be applied to Article 32:
- Act amended by 1996 c. 25 s.79 Sch.4 para 30
- Act amended by 1996 c. 25 s.79 Sch.4 para 30
- Sch.6 Pt.I para.5 revoked by S.I. 1995/756 art.15 Sch.
- Instrument am (prosp) by S.I. 1994/2795 (N.I.) arts.3(4) 25
- Instrument am (prosp) by S.I. 1994/2795 (N.I.) art.3(5) Sch.1
- Instrument am (prosp) by S.I. 1994/2795 (N.I.) art.5(2)
- Instrument mod (prosp) by 1994 c. 33 s. 91(3)
- Order power to modify conferred by 2015 c. 9 (N.I.) s. 24(5)(a) (see s 24(6))
- Instrument revoked by 1998 c. 41 s.74(1)(3) Sch.12 para.5 Sch.14 Pt.I
- art. 29A excluded by 1975 c. 59, s. 4(3) (as substituted) by 2015 c. 9 (N.I.) s. 7(6)
- art. 29A inserted by 2015 c. 9 (N.I.) s. 7(2)
- art. 32(1) words substituted by 2015 c. 9 (N.I.) s. 7(5)(a)
- art. 32(1)(b) words repealed by 2015 c. 9 (N.I.) s. 7(5)(b)(i) Sch. 9 Pt. 2
- art. 32(1)(b) words repealed by 2015 c. 9 (N.I.) s. 7(5)(b)(ii) Sch. 9 Pt. 2
- art. 32(3) repealed by 2015 c. 9 (N.I.) s. 7(5)(c) Sch. 9 Pt. 2
- art. 34(1A)-(1E) inserted by 2015 c. 9 (N.I.) s. 8(2)
- art. 140(2ZA) inserted by 2016 c. 18 (N.I.) Sch. 10 para. 16
Changes and effects yet to be applied to the whole Order associated Parts and Chapters:
- Act amended by 1996 c. 25 s.79 Sch.4 para 30
- Act amended by 1996 c. 25 s.79 Sch.4 para 30
- Order power to modify conferred by 2015 c. 9 (N.I.) s. 24(5)(a) (see s 24(6))
Whole provisions yet to be inserted into this Order (including any effects on those provisions):
- Sch.6 Pt.I para.5 revoked by S.I. 1995/756 art.15 Sch.
- art. 29A excluded by 1975 c. 59, s. 4(3) (as substituted) by 2015 c. 9 (N.I.) s. 7(6)
- art. 29A inserted by 2015 c. 9 (N.I.) s. 7(2)
- art. 34(1A)-(1E) inserted by 2015 c. 9 (N.I.) s. 8(2)
- art. 140(2ZA) inserted by 2016 c. 18 (N.I.) Sch. 10 para. 16
Documents to be furnished to court and served on accusedN.I.
32.—(1) [F1Where 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.
F1Words 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)
F2Words 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)
F3Words 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)
F5Art. 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)
F6Art. 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)
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