Domestic Violence, Crime and Victims Act 2004
- (b) an offence under section 1 of the Criminal Attempts Act 1981 of attempting to commit murder;
- (c) an offence under section 75A of the Serious Crime Act 2015 (strangulation or suffocation).
- (3) Where by virtue of section 35(3) of the Criminal Justice and Public Order Act 1994 a court or jury is permitted, in relation to the section 5 offence, to draw such inferences as appear proper from the defendant's failure to give evidence or refusal to answer a question, the court or jury may also draw such inferences in determining whether the defendant is guilty of a relevant offence, even if there would otherwise be no case for the defendant to answer in relation to that offence.
- (4) The charge of the relevant offence is not to be dismissed under paragraph 2 of Schedule 3 to the Crime and Disorder Act 1998 (unless the section 5 offence is dismissed).
- (5) At the defendant's trial the question whether there is a case for the defendant to answer on the charge of the relevant offence is not to be considered before the close of all the evidence (or, if at some earlier time the defendant ceases to be charged with the section 5 offence, before that earlier time).
Common assault to be an arrestable offence
Restraining orders: Northern Ireland
Procedure for determining fitness to be tried: Northern Ireland
Powers of court on finding of insanity or unfitness to plead etc
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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
20A
The Office for Nuclear Regulation.
7A
- (1) Subsections (3) to (5) apply where a person (“the defendant”) is charged in the same proceedings with a relevant offence and with an offence under section 5 in respect of the same harm (“the section 5 offence”).
- (2) In this section “relevant offence” means—
- (a) an offence under section 18 or 20 of the Offences against the Person Act 1861 (grievous bodily harm etc.);
- (b) an offence under Article 3 of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 of attempting to commit murder.
- (c) an offence under section 28 of the Justice (Sexual Offences and Trafficking Victims) Act (Northern Ireland) 2022 (non-fatal strangulation or asphyxiation).
- (3) Where by virtue of Article 4(4) of the Criminal Evidence (Northern Ireland) Order 1988 a court or jury is permitted, in relation to the section 5 offence, to draw such inferences as appear proper from the defendant's failure to give evidence or refusal to answer a question, the court or jury may also draw such inferences in determining whether the defendant is guilty of a relevant offence, even if there would otherwise be no case for the defendant to answer in relation to that offence.
- (4) Where a magistrates' court is considering under Article 37 of the Magistrates' Courts (Northern Ireland) Order 1981 whether to commit the defendant for trial for the relevant offence, if there is sufficient evidence to put the defendant on trial for the section 5 offence there is deemed to be sufficient evidence to put the defendant on trial for the relevant offence.
- (5) The power of a judge of the Crown Court under section 2(3) of the Grand Jury (Abolition) Act (Northern Ireland) 1969 (entry of “No Bill”)is not to be exercised in relation to a relevant offence unless it is also exercised in relation to the section 5 offence.
- (6) At the defendant's trial the question whether there is a case for the defendant to answer on the charge of the relevant offence is not to be considered before the close of all the evidence (or, if at some earlier time the defendant ceases to be charged with the section 5 offence, before that earlier time).
1VA
The Department for Business and Trade.
8B
The Ministry of Housing, Communities and Local Government.
Application by prosecution for certain counts to be tried without a jury
Appeal against order made on finding of insanity or unfitness to plead etc
Intermittent custody
Representations where restriction order not made
Amendments and repeals
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1ZC
The Department for Energy Security and Net Zero.
4A
The Department for Science, Innovation and Technology.
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