Legislation – Criminal Justice (Committal Reform) Act (Northern Ireland) 2022
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SCHEDULEAmendments and repeals: Abolition of preliminary investigations and mixed committals
The Magistrates’ Courts (Northern Ireland) Order 1981 (NI 26)
8
(1)
The following provisions are repealed—
(a)
in Article 2(3), in the definition of “summary proceeding”, the words “a preliminary investigation or” and “investigation or”;
(b)
in Article 16(1)(a) the words “or a preliminary investigation”;
(c)
Article 31.
(2)
“(1)
Where a preliminary inquiry into an indictable offence is to be heldby a magistrates’ court, the prosecution shall—
(a)
send”.
(3)
The following provisions are repealed—
(a)
in Article 32(1)(b) the words “a copy of that notice together with”;
(b)
Article 32(3) and (4)(a);
(c)
in Article 33(1) the words “to the like extent as oral evidence to the like effect by that person”;
(d)
in Article 35 the words “a preliminary investigation or” and “investigation or”;
(e)
Article 37(1);
(f)
in Article 37(5) the words “investigation or”;
(g)
in Article 39(1) the words “investigation or”;
(h)
in Article 42(1) the words from “or the deposition taken” to “on his behalf,”;
(i)
in Article 42(3) the words “(other than a statement which is to be disregarded under Article 34(2))”;
(j)
in Article 44(1) and (2) the words “investigation or”;
(k)
in Article 46(1) the words “whether any evidence shall then have been given or not”;
(l)
in Article 46(2) the words “depositions shall be taken or, as the case may require,”;
(m)
in Schedule 4 in paragraphs 1 and 3 the words “the preliminary investigation or”;
(n)
in Schedule 5, paragraph 3.