- Latest available (Revised)
- Point in Time (31/08/2013)
- Original (As made)
Version Superseded: 01/08/2016
Point in time view as at 31/08/2013.
There are outstanding changes not yet made by the legislation.gov.uk editorial team to The Magistrates' Courts (Northern Ireland) Order 1981. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
29.—(1) Where a person over the age of fourteen years is charged before a court of summary jurisdiction with a summary offence for which he is liable, or would if he were adult be liable, to be sentenced by the court to imprisonment for a term exceeding six monthsF1. . . , he may, subject to the provisions of this Article, claim to be tried by a jury, unless the offence is an offence under—
(a)any provision of the Explosives Act 1875F2;
(b)section 1 or 2 of the Protection of the Person and Property Act (Northern Ireland) 1969F3;
(c)section 4 of the Explosives Act (Northern Ireland) 1970F4;
(d)Article 3(1), 3(1) and (3), 4 or 5 of the Criminal Damage (Northern Ireland) Order 1977F5 which is triable summarily by virtue of Article 9(1) of that Order;
Sub‐para. (e) rep. by 1991 NI 3
[F6(f)Article 3, 61(2) or 64 of the Firearms (Northern Ireland) Order 2004]
[F7(g)Article 18(3) of the Public Order (Northern Ireland) Order 1987 (riotous behaviour)]
[F8(h)Article 5(1) or (2) of the Criminal Justice (Northern Ireland) Order 2003 (absconding by person admitted to bail)]
[F8(i)paragraph 1(1) or (2) of Schedule 2 to the Justice (Northern Ireland) Act 2004 (absconding by person admitted to bail in respect of a scheduled offence).]
[F9(j)Article 22 of the Public Order (Northern Ireland) Order 1987;
(k)the Crossbows (Northern Ireland) Order 1988;
(l)section 139(1), 139A(1) [F10or (2)] or 141(1) of the Criminal Justice Act 1988;
(m)Article 53 or 54(1) of the Criminal Justice (Northern Ireland) Order 1996;
(n)section 1 or 2 of the Knives Act 1997.]
[F11(o)section 93 of the Justice (Northern Ireland) Act 2010.]
(2) Where under paragraph (1) or any other enactment a person charged with a summary offence is entitled to claim to be tried by a jury, his claim shall be of no effect unless he appears in person and makes it before he pleads to the charge; and, where under any enactment the prosecution is entitled to claim that the accused shall be tried by a jury, the claim shall be of no effect unless it is made before the accused pleads to the charge.
(3) A magistrates' court before which a person is charged with a summary offence for which he may claim to be tried by a jury shall, before asking him whether he pleads guilty, inform him of his right and, if the court thinks it desirable for the information of the accused, tell him tell him to which court he would be committed for trial and explain what is meant by being tried summarily; and shall then ask him whether he wishes, instead of being tried summarily, to be tried by a jury.
(4) Where the accused is charged with an offence for which he is entitled under paragraph (1) to be tried by a jury if he has been previously convicted of a like offence but not otherwise, the court shall explain to him that he may have a right to claim trial by a jury and, after giving him the same information as is provided by paragraph (3), shall ask him whether, if he has that right, he wishes, instead of being tried summarily, to be tried by a jury.
(5) If—
(a)under this Article or under any other enactment a person charged with a summary offence is entitled to claim to be tried by a jury and claims to be so tried; or
(b)the prosecution exercises any right conferred by any enactment to claim that the accused shall be tried by a jury;
the court shall deal with the complaint in all respects as if it were for an offence punishable on conviction on indictment only; and the offence, whether or not indictable otherwise than by virtue of any such claim, shall be deemed to be an indictable offence.
F9Art. 29(1)(j)-(n) added (16.7.2008) by Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)), arts. 1(4), 90(10); S.R. 2008/293, art. 2, Sch. para. 14
F10Words in art. 29(1)(l) inserted (5.5.2011) by Justice Act (Northern Ireland) 2011 (c. 24), ss. 110(1), 111(1)(h), Sch. 7 para. 3(1) (with s. 106(4))
F11Art. 29(1)(o) inserted (5.5.2011) by Justice Act (Northern Ireland) 2011 (c. 24), ss. 110(1), 111(1)(h), Sch. 7 para. 3(2) (with s. 106(4))
The Whole Order you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Order you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Order you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: