Legislation – Criminal Justice (Committal Reform) Act (Northern Ireland) 2022

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The following provisions are repealed—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)

In Article 32(1) for the words from the beginning to “together with” in sub-paragraph (a) substitute—

“(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The following provisions are repealed—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.