Northern Ireland (Emergency Provisions) Act 1996 (repealed)

8 Power of Secretary of State to set time limits in relation to preliminary proceedings for scheduled offences. N.I.

(1) The Secretary of State may by regulations make provision, with respect to any specified preliminary stage of proceedings for a scheduled offence, as to the maximum period—

(a) to be allowed to the prosecution to complete that stage;

(b) during which the accused may, while awaiting completion of that stage, be—

(i) in the custody of a magistrates’ court; or

(ii) in the custody of the Crown Court,

in relation to that offence.

(2) The regulations may, in particular—

(a) provide for—

(i) the M1 Magistrates’ Courts (Northern Ireland) Order 1981,

(ii) section 3 above, or

(iii) any other enactment, or any rule of law, relating to bail,

to apply in relation to cases to which custody or overall time limits apply subject to such modifications as may be specified (being modifications which the Secretary of State considers necessary in consequence of any provision made by the regulations);

(b) provide for time limits imposed by the regulations to cease to have effect in cases where, after the institution of proceedings for a scheduled offence, the Attorney General for Northern Ireland has certified that the offence in question is not to be treated as a scheduled offence;

(c) make such provision with respect to the procedure to be followed in criminal proceedings as the Secretary of State considers appropriate in consequence of any other provision of the regulations; and

(d) make such transitional provision in relation to proceedings instituted before the commencement of any provision of the regulations as the Secretary of State considers appropriate.

(3) Where separate counts of an indictment allege a scheduled offence and an offence which is not a scheduled offence, then (subject to, and in accordance with, the provisions of the regulations) the regulations shall have effect in relation to the latter offence as if it were a scheduled offence.

(4) The Crown Court may, in circumstances prescribed by the regulations, extend or further extend a time limit at any time before it expires.

(5) Where, in relation to any proceedings for a relevant offence, an overall time limit has expired before the completion of the stage of the proceedings to which the limit applies, the accused shall be treated, for all purposes, as having been acquitted of that offence.

Marginal Citations

M1 S.I. 1981/1675 (N.I. 26).