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CRIMINAL PROCEDURE (COMMITTAL FOR TRIAL) ACT (NORTHERN IRELAND) 1968 - SECT 1

1.(1) A magistrates' court may conduct under the provisions of this Act a
preliminary enquiry into an indictable offence instead of conducting a
preliminary investigation under the provisions of the Magistrates' Courts Act
(Northern Ireland) 1964 (in this Act referred to as "the Act of 1964") if the
prosecutor so requests and the accused does not object to such
preliminary enquiry.

(2) If the prosecutor does not request the court to conduct a
preliminary enquiry or if the accused objects to such an enquiry the court
shall conduct a preliminary investigation under the provisions of the Act of
1964.

(3) Where two or more persons are charged together with an indictable offence
and

(a)one or more persons objects to the conducting of a preliminary enquiry
under this Act, but

(b)the other person or persons do not so object,

(4) Nothing in this Act shall be construed as affecting the power to take a
deposition of a dying person under the provisions of section 49 of the Act of
1964.

(5) References in any enactment to the preliminary investigation of an
indictable offence shall be construed as including references to a
preliminary enquiry conducted under the provisions of this Act.

© 1968 Crown Copyright

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