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Criminal Procedure and Investigations Act 1996

Status:

This is the original version (as it was originally enacted).

4In section 1 for subsections (1) and (2) substitute—

“(1)This Part applies where a person is charged with an offence, the court proceeds to deal summarily with the charge and that person pleads not guilty.

(2)This Part also applies where—

(a)a person is charged with an indictable offence and he is committed for trial for the offence concerned,

(b)a person is charged with an indictable offence and proceedings for the trial of the person on the charge concerned are transferred to the Crown Court by virtue of a notice of transfer given under Article 3 of the Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988 (serious or complex fraud),

(c)a person is charged with an indictable offence and proceedings for the trial of the person on the charge concerned are transferred to the Crown Court by virtue of a notice of transfer given under Article 4 of the Children’s Evidence (Northern Ireland) Order 1995 (certain cases involving children),

(d)a count charging a person with a summary offence is included in an indictment under the authority of Article 193A of the Road Traffic (Northern Ireland) Order 1981 (offences relating to drink or drugs), or

(e)an indictment charging a person with an indictable offence is presented under the authority of section 2(2)(c), (d), (e) or (f) of the Grand Jury (Abolition) Act (Northern Ireland) 1969.

(2A)In subsection (2)—

  • “indictable offence” means an offence which is triable on indictment, whether it is exclusively so triable or not;

  • “summary offence” has the same meaning as in Article 193A of the Road Traffic (Northern Ireland) Order 1981.”

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