Judicature (Northern Ireland) Act 1978

46 Exclusive jurisdiction in trial on indictment. U.K.

(1) The Crown Court shall be a superior court of record.

(2) All proceedings on indictment shall be brought before the Crown Court.

(3) The jurisdiction of the Crown Court under subsection (2) shall include jurisdiction—

(a) in proceedings on indictment for offences, wherever committed, which are recognisable under the law of Northern Ireland; and

(b) in particular, in proceedings on indictment for offences triable in Northern Ireland by virtue of any jurisdiction in admiralty.

[F1 (3A) Sections 280, 281 and 282 of the Merchant Shipping Act 1995 (offences on ships and abroad by British citizens and others) apply in relation to other offences under the law of Northern Ireland as they apply in relation to offences under that Act or instruments under that Act.]

(4) All courts of assize are hereby abolished, and commissions, whether ordinary or special, to hold any court of assize shall not be issued.

(5) The jurisdiction conferred on county courts by section 40 of the M1 County Courts Act (Northern Ireland) 1959 is hereby abolished.

(6) Subject to any provision contained in or having effect under this Act, all statutory provisions and rules of law relating to the jurisdiction and procedure of any court in connection with indictable offences shall have effect subject only to such modifications as are rendered necessary by the transfer of jurisdiction to the Crown Court in accordance with the preceding provisions of this section.

(7) Subject to any provision contained in or having effect under this Act and without prejudice to the generality of subsection (6), the transfer of jurisdiction to the Crown Court in accordance with the preceding provisions of this section shall not affect—

(a) the practice by which, on any one indictment, the taking of pleas, the trial by jury and the pronouncement of judgment may respectively be by or before different judges;

(b) the release, after respite of judgment, of a convicted person on recognizance to come up for judgment if called on, but meanwhile to be of good behaviour;

(c) the manner of trying any question relating to the breach of a recognizance; or

(d) the manner of execution of any sentence on conviction, or the manner in which any other judgment or order given in connection with trial on indictment may be enforced.

Textual Amendments

F1 S. 46(3A) added (1.1.1996) by 1995 c. 21, ss. 314(2), 316(2), Sch. 13 para.52. (with s. 312(1))

Marginal Citations

M1 1959 c. 25 (N.I.)