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CRIMINAL PROCEDURE (COMMITTAL FOR TRIAL) ACT (NORTHERN IRELAND) 1968 - SECT 2

Documents to be furnished to court and served on accused.

2.(1) If the prosecutor intends to request the court to conduct a
preliminary enquiry he shall furnish a written notice of his intention in that
behalf accompanied by copies of the documents referred to in subsection (2) to
the clerk of petty sessions for the district in which the preliminary enquiry
is to be held.

(2) If the prosecutor intends to request the court to conduct a
preliminary enquiry he shall cause a copy of the written notice referred to in
subsection (1) together with the documents referred to in this subsection to
be served on the accused, or if there is more than one accused person upon
each such person, a reasonable time before the day fixed for the conduct of
the preliminary enquiry

(a)a statement of the complaint made against him;

(b)a statement of the evidence of each witness upon whose evidence the
complaint is based;

(c)a list of exhibits, if any, to be produced or referred to by the witnesses
referred to in paragraph (b) together with, in the case of written exhibits, a
copy thereof, and in the case of every exhibit a notice of the time and place
when such exhibits may be examined by the accused or his solicitor or any
witness whom the accused may wish to call at his trial to give evidence
relating to them.

(3) The accused shall have the right to inspect every exhibit, either by
himself or in consultation with his solicitor or any witness whom the accused
may wish to call at his trial.

(4) The prosecutor may withdraw his request for, and the accused may object
to, the conducting of a preliminary enquiry at any time up to the commencement
of such enquiry.

(5) If, when the accused appears before the court and the charge is read to
him according to law,

(a)the court is not satisfied that the accused understands the effect of
proceeding by way of preliminary enquiry; or

(b)the court is satisfied that in all the circumstances the accused has not
had sufficient notice of any evidence to be tendered at the
preliminary enquiry; or

(c)the documents referred to in subsection (2) have not been supplied to the
accused as therein provided,

Requirements as to written statements.



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© 1968 Crown Copyright

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