Justice (Northern Ireland) Act 2004

Procedure where person arrested without warrant

3 (1) A person who is arrested under paragraph 2(4) shall be brought before a judge of the High Court or the Court of Appeal as soon as practicable after the arrest and in any event not later than—

(a) the next day following the day on which he is arrested, or

(b) if that day is a Sunday, Good Friday or Christmas Day, the next following day which is not one of those days.

(2) Sub-paragraph (1) does not require a person to be brought before a judge at any time when that person is in hospital and is not well enough.

(3) Where a person is brought before a judge under sub-paragraph (1), the judge—

(a) if of the opinion that he—

(i) is not likely to surrender to custody, or

(ii) has broken or is likely to break any condition of his bail,

may remand him in custody or commit him to custody (as the case may require) or, alternatively, may admit him to bail under and in accordance with section 67 of the Terrorism Act 2000 (c. 11) (subject to the same or to different conditions); and

(b) if not of that opinion, shall admit him to bail subject to the same conditions (if any) as were originally imposed.

(4) A person admitted to bail under sub-paragraph (3)(b) shall be treated for all purposes as having been admitted to bail under section 67 of the Terrorism Act 2000.