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Justice (Northern Ireland) Act 2004

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This is the original version (as it was originally enacted).

Offence of absconding by person admitted to bail

This section has no associated Explanatory Notes

1(1)If a person who has been admitted to bail fails without reasonable cause to surrender to custody, he shall be guilty of an offence.

(2)If a person who—

(a)has been admitted to bail, and

(b)has, with reasonable cause, failed to surrender to custody,

fails to surrender to custody at the appointed place as soon after the appointed time as is reasonably practicable, he shall be guilty of an offence.

(3)A person guilty of an offence under sub-paragraph (1) or (2) shall be liable—

(a)on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum or to both;

(b)on conviction on indictment, to imprisonment for a term not exceeding 3 years or to a fine or to both.

(4)In Article 29(1) of the Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)) (right to claim trial by jury for summary offence if maximum term of imprisonment exceeds six months, subject to specified exceptions) after sub-paragraph (h) (added by section 12(5)) add—

“(i)paragraph 1(1) or (2) of Schedule 2 to the Justice (Northern Ireland) Act 2004 (absconding by person admitted to bail in respect of a scheduled offence).”

(5)In Part 1 of Schedule 9 to the Terrorism Act 2000 (c. 11) (scheduled offences) after paragraph 22 insert—

“Justice (Northern Ireland) Act 2004

22AOffences under paragraph 1(1) or (2) of Schedule 2 to the Justice (Northern Ireland) Act 2004 (absconding by persons admitted to bail in respect of a scheduled offence), subject to note 1 below.”

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