Modifications etc. (not altering text)
C1Pt. VII (ss. 65-113): for the duration of Pt. VII see ss. 112, 113 by virtue of 2000 c. 11, ss. 112(1)(4), 128
Pt. VII (ss. 65-113) continued ( temp. from 19.2.2002 until 18.2.2003) by S.I. 2002/365, art. 2
Pt. VII (ss. 65-113) continued (temp. from 19.2.2003 until 18.2.2004) by The Terrorism Act 2000 (Continuance of Part VII) Order 2003 (S.I. 2003/427), art. 2
Pt. VII (ss. 65-113) continued (temp. from 19.2.2004 until 18.2.2005) by The Terrorism Act 2000 (Continuance of Part VII) Order 2004 (S.I. 2004/431), art. 2
Pt. VII (ss. 65-113) continued (temp. from 19.2.2005 until 18.2.2006) by The Terrorism Act 2000 (Continuance of Part VII) Order 2005 (S.I. 2005/350), art. 2
Pt. VII (except s. 78) continued (temp. from 19.2.2006 until 31.7.2007) by Terrorism (Northern Ireland) Act 2006 (c. 4), s. 1(1)(2)
Pt. VII: power to continue specified provisions conferred (19.2.2006) by Terrorism (Northern Ireland) Act 2006 (c. 4), ss. {1(3)}, 2(1)(2)
C2Pt. VII: saving (at the end of 31.7.2007 in accordance with art. 1(3)) for effect of Terrorism (Northern Ireland) Act 2006 (c. 6), s. 1(2)(b) with transitional provisions and savings in The Terrorism (Northern Ireland) Act 2006 (Transitional Provisions and Savings) Order 2007 (S.I. 2007/2259), arts. 3, 5, Sch.
(1)Where a person is convicted of an offence, the exercise of power conferred by virtue of section 72(2)(e) in relation to proceedings for the offence shall not be called into question on an appeal against the conviction.
(2)In the application of section 72 in relation to proceedings on indictment, “preliminary stage” does not include a stage—
(a)after the time when the case for the prosecution is opened, or
(b)if the court accepts a plea of guilty before the case for the prosecution is opened, after the plea is accepted.
(3)In the application of section 72 in relation to summary proceedings, “preliminary stage” does not include a stage—
(a)after the court begins to hear evidence for the prosecution at the trial,
(b)if the court accepts a plea of guilty before it has begun to hear evidence for the prosecution, after the plea is accepted, or
(c)after the court begins to consider whether to exercise its power under Article 44(4) of the M1Mental Health (Northern Ireland) Order 1986 (power to make hospital order without conviction).
(4)In this section and section 72—
“custody of the Crown Court” includes custody to which a person is committed in pursuance of—
“custody of a magistrates’ court” means custody to which a person is committed in pursuance of Article 47 or 49 of the M4Magistrates’ Courts (Northern Ireland) Order 1981 (remand),
“custody time limit” means a time limit imposed by regulations in pursuance of section 72(1)(b) or, where a limit has been extended by the Crown Court by virtue of section 72(2)(e), the limit as extended,
“law about bail” means—
the M5Magistrates’ Courts (Northern Ireland) Order 1981,
section 67 of this Act,
any other enactment relating to bail, and
any rule of law relating to bail, and
“overall time limit” means a time limit imposed by regulations in pursuance of section 72(1)(a) or, where a limit has been extended by the Crown Court by virtue of section 72(2)(e), the limit as extended.
(5)For the purposes of the application of a custody time limit in relation to a person who is in the custody of a magistrates’ court or the Crown Court—
(a)all periods during which he is in the custody of a magistrates’ court in respect of the same offence shall be aggregated and treated as a single continuous period; and
(b)all periods during which he is in the custody of the Crown Court in respect of the same offence shall be aggregated and treated as a single continuous period.