SCHEDULES

SCHEDULE 4 [Section 79.] Modifications for Northern Ireland

Part I of this Act

4

In 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.