Northern Ireland (Emergency Provisions) Act 1996 (repealed)

Part I — Scheduled Offences

The scheduled offences

The scheduled offences.

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• (1) In this Act “scheduled offence” means an offence specified in Part I or III of Schedule 1 to this Act but subject to any relevant note in Part I of that Schedule.

• (2) Part II of that Schedule shall have effect with respect to offences related to those specified in Part I of that Schedule.

• (3) The Secretary of State may by order amend Parts I and II of that Schedule whether by adding an offence to, or removing an offence from, either of those Parts or otherwise; and an order under this subsection may contain such transitional provisions as appear to the Secretary of State to be necessary or expedient.

Preliminary inquiries, bail and young persons in custody

Preliminary inquiry into scheduled offences.

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• (1) Where in any proceedings before a magistrates’ court for a scheduled offence (not being an extra-territorial offence as defined in section 1(3) of the Criminal Jurisdiction Act 1975) the prosecution requests the court to conduct a preliminary inquiry into the offence under the Magistrates’ Courts (Northern Ireland) Order 1981, the court shall, notwithstanding anything in Article 31 of that Order, conduct a preliminary inquiry into the offence unless the court is of opinion that in the interests of justice a preliminary investigation should be conducted into the offence under that Order.

• (2) Where in any proceedings a person charged with a scheduled offence is also charged with another offence which is not a scheduled offence, that other offence shall be treated as a scheduled offence for the purposes of this section.

Limitation of power to grant bail in case of scheduled offences.

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• (1) This section applies to any person who has attained the age of fourteen and is charged with a scheduled offence which is neither being tried summarily nor certified by the Director of Public Prosecutions for Northern Ireland as in his opinion suitable to be so tried.

• (2) Subject to subsection (7), a person to whom this section applies shall not be admitted to bail except—

• (a) by a judge of the High Court or the Court of Appeal; or

• (b) by the judge of the court of trial on adjourning the trial of a person charged with a scheduled offence.

• (3) A judge may, in his discretion, admit to bail in pursuance of subsection (2) a person to whom this section applies except where he is satisfied that there are substantial grounds for believing that that person, if released on bail (whether subject to conditions or not), would—

• (a) fail to surrender to custody, or

• (b) commit an offence while on bail, or

• (c) interfere with any witness, or

• (d) otherwise obstruct or attempt to obstruct the course of justice, whether in relation to himself or in relation to any other person,

or, if released subject to conditions, would fail to comply with all or any of those conditions.

• (4) In exercising his discretion in accordance with subsection (3) in relation to a person, a judge shall have regard to such of the following considerations as appear to him to be relevant, namely—

• (a) the nature and seriousness of the offence with which the person is charged,

• (b) the character, antecedents, associations and community ties of the person,

• (c) the time which the person has already spent in custody and the time which he is likely to spend in custody if he is not admitted to bail, and

• (d) the strength of the evidence of his having committed the offence,

as well as to any others which appear to be relevant.

• (5) Without prejudice to any other power to impose conditions on admission to bail, a judge may impose such conditions on admitting a person to bail under this section as appear to him to be likely to result in that person’s appearance at the time and place required, or to be necessary in the interests of justice or for the prevention of crime.

• (6) Where a person to whom this section applies is a serving member of—

• (a) any of Her Majesty’s forces; or

• (b) the Royal Ulster Constabulary or the Royal Ulster Constabulary Reserve,

he may be admitted to bail on condition that he is held in military or (as the case may be) police custody if the judge is satisfied that suitable arrangements have been made for holding him in such custody; and where a person is admitted to bail on such a condition it shall be lawful for him to be held in such custody in accordance with the conditions of his bail.

• (7) The power to admit a person to bail in accordance with subsection (6) shall, notwithstanding subsection (2), be exercisable by a resident magistrate as well as by a judge.

Legal aid to applicants for bail in case of scheduled offences.

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• (1) Where it appears to a judge of the High Court or the Court of Appeal—

• (a) that a person charged with a scheduled offence intends to apply to be admitted to bail; and

• (b) that it is desirable in the interests of justice that that person should have legal aid but that he has not sufficient means to enable him to obtain that aid,

the judge may assign to him a solicitor and counsel, or counsel only, in the application for bail.

• (2) If, on a question of granting a person free legal aid under this section, there is a doubt whether his means are sufficient to enable him to obtain legal aid or whether it is desirable in the interests of justice that he should have free legal aid, the doubt shall be resolved in favour of granting him free legal aid.

• (3) Articles 32, 36 and 40 of the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (statements, payments, rules and stamp duty) shall apply in relation to legal aid under this section as they apply in relation to legal aid under Part III of that Order as if any legal aid under this section were given in pursuance of a criminal aid certificate under Article 29 of that Order.

Maximum period of remand in custody in case of scheduled offences.

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Notwithstanding Article 47(2) and (3) of the Magistrates’ Courts (Northern Ireland) Order 1981, the period for which a person charged with a scheduled offence (or with a scheduled offence and another offence which is not a scheduled offence) may be remanded in custody by a magistrates’ court shall be a period of not more than twenty-eight days beginning with the day following that on which he is so remanded.

Holding in custody of young persons charged with scheduled offences.

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• (1) Where a young person charged with a scheduled offence has been remanded or committed for trial as respects that offence and is not released on bail, he may—

• (a) notwithstanding the provisions of any enactment, and

• (b) whether or not he was remanded or committed for trial at a time when this section was not in force,

be held in custody in such prison or other place as may be specified in a direction given by the Secretary of State under this section.

• (2) The Secretary of State may give a direction in respect of a person to whom this section applies if he considers that it is necessary, in order to prevent his escape or to ensure his safety or the safety of others, to make special arrangements as to the place at which that person is to be held in custody while on remand or while committed for trial.

• (3) A direction may be given by the Secretary of State at any time after the young person to whom it relates has been charged with a scheduled offence, and may be varied or revoked by a further direction.

• (4) In this section “young person” means a person who has attained the age of fourteen and is under the age of seventeen.

Directions under section 6.

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• (1) A direction under section 6 shall, if it has not previously ceased to have effect, cease to have effect at the expiry of such period as may be specified in the direction (being a period not exceeding two months beginning with the date of the direction) unless continued in force by a further direction.

• (2) Where, by virtue of a direction, a young person is held in custody in a prison or other place and the direction ceases to have effect (whether or not by reason of the expiry or cesser of section 6) it shall be lawful for him to continue to be held in custody in that prison or place until arrangements can be made for him to be held in custody in accordance with the law then applicable to his case.

• (3) Nothing in subsection (2) above shall be taken to make lawful the holding in custody of any person who would, disregarding that subsection, be entitled to be released from custody.

Time limits on preliminary proceedings

Power of Secretary of State to set time limits in relation to preliminary proceedings for scheduled offences.

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• (1) The Secretary of State may by regulations make provision, with respect to any specified preliminary stage of proceedings for a scheduled offence, as to the maximum period—

• (a) to be allowed to the prosecution to complete that stage;

• (b) during which the accused may, while awaiting completion of that stage, be—

• (i) in the custody of a magistrates’ court; or

• (ii) in the custody of the Crown Court,

in relation to that offence.

• (2) The regulations may, in particular—

• (a) provide for—

• (i) the Magistrates’ Courts (Northern Ireland) Order 1981,

• (ii) section 3 above, or

• (iii) any other enactment, or any rule of law, relating to bail,

to apply in relation to cases to which custody or overall time limits apply subject to such modifications as may be specified (being modifications which the Secretary of State considers necessary in consequence of any provision made by the regulations);

• (b) provide for time limits imposed by the regulations to cease to have effect in cases where, after the institution of proceedings for a scheduled offence, the Attorney General for Northern Ireland has certified that the offence in question is not to be treated as a scheduled offence;

• (c) make such provision with respect to the procedure to be followed in criminal proceedings as the Secretary of State considers appropriate in consequence of any other provision of the regulations; and

• (d) make such transitional provision in relation to proceedings instituted before the commencement of any provision of the regulations as the Secretary of State considers appropriate.

• (3) Where separate counts of an indictment allege a scheduled offence and an offence which is not a scheduled offence, then (subject to, and in accordance with, the provisions of the regulations) the regulations shall have effect in relation to the latter offence as if it were a scheduled offence.

• (4) The Crown Court may, in circumstances prescribed by the regulations, extend or further extend a time limit at any time before it expires.

• (5) Where, in relation to any proceedings for a relevant offence, an overall time limit has expired before the completion of the stage of the proceedings to which the limit applies, the accused shall be treated, for all purposes, as having been acquitted of that offence.

Section 8: supplementary provisions.

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• (1) Where—

• (a) a person escapes from the custody of a magistrates’ court or of the Crown Court before the expiry of a custody time limit which applies in his case; or

• (b) a person who has been released on bail in consequence of the expiry of a custody time limit—

• (i) fails to surrender himself into the custody of the court at the appointed time; or

• (ii) is arrested by a constable in connection with any breach, or apprehended breach, of any condition of his bail,

the regulations under section 8 shall, so far as they provide for any custody time limit in relation to the preliminary stage in question, be disregarded.

• (2) Where—

• (a) a person escapes from the custody of a magistrates’ court or of the Crown Court; or

• (b) a person who has been released on bail fails to surrender himself into the custody of the court at the appointed time,

the overall time limit which applies in his case in relation to the stage which the proceedings have reached at the time of the escape or, as the case may be, at the appointed time shall, so far as the relevant offence in question is concerned, cease to have effect.

• (3) Where a person is convicted of a relevant offence in any proceedings, the exercise, in relation to any preliminary stage of those proceedings, of the power conferred by section 8(4) shall not be called into question on any appeal against that conviction.

• (4) In the application of section 8 in relation to proceedings on indictment, “preliminary stage” does not include any stage—

• (a) after the time when the case for the prosecution is opened; or

• (b) if the court accepts a plea of guilty before the case for the prosecution is opened, after that plea is accepted.

• (5) In the application of section 8 in relation to summary proceedings, “preliminary stage” does not include any stage—

• (a) after the court begins to hear evidence for the prosecution at the trial;

• (b) if the court accepts a plea of guilty before it has begun to hear evidence for the prosecution, after that plea is accepted; or

• (c) after the court begins to consider whether to exercise its power under Article 44(4) of the Mental Health (Northern Ireland) Order 1986 (power to make hospital order without convicting the accused).

• (6) In this section and section 8—

• “custody of the Crown Court” includes custody to which a person is committed in pursuance of—Article 37 or 40(4) of the Magistrates’ Courts (Northern Ireland) Order 1981 (magistrates’ court committing accused for trial); orsection 51(8) of the Judicature (Northern Ireland) Act 1978 (magistrates’ court dealing with a person brought before it following his arrest in pursuance of a warrant issued by the Crown Court);

• “custody of a magistrates’ court” means custody to which a person is committed in pursuance of Article 47 or 49 of the Magistrates’ Courts (Northern Ireland) Order 1981 (remand);

• “custody time limit” means a time limit imposed by the regulations in pursuance of section 8(1)(b) or, where any such limit has been extended by the Crown Court under section 8(4), the limit as so extended;

• “overall time limit” means a time limit imposed by the regulations in pursuance of section 8(1)(a) or, where any such limit has been extended by the Crown Court under section 8(4), the limit as so extended;

• “relevant offence” means—a scheduled offence, oran offence in relation to which the regulations have effect in accordance with section 8(3); and

• “specified” means specified in the regulations.

• (7) For the purposes of the application of any custody time limit in relation to a person who is in the custody of a magistrates’ court or of the Crown Court—

• (a) all periods during which he is in the custody of a magistrates’ court in respect of the same offence shall be aggregated and treated as a single continuous period; and

• (b) all periods during which he is in the custody of the Crown Court in respect of the same offence shall be aggregated and treated similarly.

Court and mode of trial

Court for trial of scheduled offences.

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• (1) A trial on indictment of a scheduled offence shall be held only at the Crown Court sitting in Belfast, unless—

• (a) the Lord Chancellor after consultation with the Lord Chief Justice of Northern Ireland directs that the trial, or a class of trials within which it falls, shall be held at the Crown Court sitting elsewhere; or

• (b) the Lord Chief Justice of Northern Ireland directs that the trial, or part of it, shall be held at the Crown Court sitting elsewhere.

• (2) A person committed for trial for a scheduled offence, or for two or more offences at least one of which is a scheduled offence, shall be committed—

• (a) to the Crown Court sitting in Belfast, or

• (b) where a direction has been given under subsection (1) which concerns the trial, to the Crown Court sitting at the place specified in the direction;

and section 48 of the Judicature (Northern Ireland) Act 1978 (committal for trial on indictment) shall have effect accordingly.

• (3) Where—

• (a) in accordance with subsection (2) any person is committed for trial to the Crown Court sitting in Belfast, and

• (b) a direction is subsequently given under subsection (1), before the commencement of the trial, altering the place of trial,

that person shall be treated as having been committed for trial to the Crown Court sitting at the place specified in the direction.

Mode of trial on indictment of scheduled offences.

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• (1) A trial on indictment of a scheduled offence shall be conducted by the court without a jury.

• (2) The court trying a scheduled offence on indictment under this section shall have all the powers, authorities and jurisdiction which the court would have had if it had been sitting with a jury, including power to determine any question and to make any finding which would, apart from this section, be required to be determined or made by a jury, and references in any enactment to a jury or the verdict or finding of a jury shall be construed accordingly in relation to a trial under this section.

• (3) Where separate counts of an indictment allege a scheduled offence and an offence which is not a scheduled offence, the trial on indictment shall, without prejudice to section 5 of the Indictments Act (Northern Ireland) 1945 (orders for amendment of indictment, separate trial and postponement of trial), be conducted as if all the offences alleged in the indictment were scheduled offences.

• (4) Without prejudice to subsection (2), where the court trying a scheduled offence on indictment—

• (a) is not satisfied that the accused is guilty of that offence, but

• (b) is satisfied that he is guilty of some other offence which is not a scheduled offence, but of which a jury could have found him guilty on a trial for the scheduled offence,

the court may convict him of that other offence.