PART VCRIMINAL JURISDICTION AND PROCEDURE

Preliminary investigation of indictable offences

Preliminary investigation30

1

Subject toF1 Articles 28 and 29 of the Criminal Justice (Children) (Northern Ireland) Order 1998, the preliminary investigation of an indictable offence may be conducted by a magistrates' court.

2

Subject to paragraph (3), the written depositions of witnesses and other evidence at a preliminary investigation shall be given or taken in the presence of the accused, and the accused shall be at liberty to cross-examine any witness for the prosecution.

3

The court may allow evidence to be given before it in the absence of the accused if the court considers that by reason of his disorderly conduct before the court it is not practicable for the evidence to be given in the presence of the accused.

4

After the evidence of witnesses for the prosecution has been taken, the accused mayF2. . . , give evidence on his own behalf and call witnesses; and the prosecution shall be at liberty to cross-examine any witness for the accused and any accused giving evidence on his own behalf.

5

Any such statement shall be taken down in writing and may be given in evidence at the trial of the accused without further proof thereof.