GRAND JURY (ABOLITION) ACT (NORTHERN IRELAND) 1969 - SECT 2 Presentment of indictments.

	[Home] [Databases] [World Law] [Search] [Feedback]
	Northern Irish Legislation
You are here: BAILII >> Databases >> Northern Irish Legislation >> GRAND JURY (ABOLITION) ACT (NORTHERN IRELAND) 1969

[Index] [Table] [Search] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

GRAND JURY (ABOLITION) ACT (NORTHERN IRELAND) 1969 - SECT 2

Presentment of indictments.

2.(1) Subject to the succeeding provisions of this section, an indictment may,
notwithstanding anything to the contrary in any enactment or rule of law, be
presented to [the Crown Court] although not found by a grand jury.

(2) An indictment shall not be presented against a person charging him with an
indictable offence unless either

(a)he has been committed for trial for that offence; or

(b)the indictment or the count charging the offence is one to which subsection
(5) applies; or

(c)the indictment is presented by the direction of the [Court of Appeal]; or

(d)the indictment is presented pursuant to an order made under [Article 13 of
the Perjury (Northern Ireland) Order 1979]; or

(e)the indictment is presented with the leave of a Judge of the [High Court,
Court of Appeal or Crown Court] granted upon application made to him in that
behalf; or

(f)the indictment is presented by, or upon the direction of, the
Attorney-General,

(i)statements of the witnesses intended to be examined on behalf of the
prosecution have been lodged, together with the indictment, in the office of
the [chief clerk]; and

(ii)copies of such statements and of the indictment have been served on the
person against whom the indictment is presented,

(3) The Judge presiding at [the Crown Court] shall, in addition to any other
powers exercisable by him, have power to order an entry of "No Bill" in the
Crown book in respect of any indictment presented to that court after the
commencement of this Act if he is satisfied that the depositions or, as the
case may be, the statements mentioned in subsection (2)(i), do not disclose a
case sufficient to justify putting upon trial for an indictable offence the
person against whom the indictment is presented.

(4) Where an entry of "No Bill" is ordered under subsection (3), the entry
shall be made before the person against whom the indictment is presented is
required to plead to the indictment and upon the making of such entry that
person shall be discharged without further answer being required of him by the
court but such discharge shall not prevent or prejudice any other indictment
(whether or not founded on the same facts or evidence) being presented against
him at any other court thereafter held which has jurisdiction to try the
offence or offences charged in that other indictment.

(5) Where the person against whom an indictment is presented has been
committed for trial for an indictable offence the indictment or any count in
the indictment may charge any other indictable offence which is founded on
facts or evidence disclosed in examinations or depositions taken in his
presence before the magistrates' court which committed him for trial, but the
Judge presiding at the court before which the indictment is presented may if
he thinks it just to do so, disallow or quash any indictment or count
presented by virtue of this subsection.

(6) Nothing in subsection (5) shall be deemed to authorise the joinder in an
indictment of any counts which could not, if that subsection had not been
passed, be lawfully joined in that indictment.

Subs.(7) rep. by 1978 c.23 s.122(2) sch.7 Pt.II

(8) Except as provided by this section, an indictment presented in accordance
with the provisions of this Act shall be proceeded with in the same manner as
it would have been proceeded with before the commencement of this Act and
(without prejudice to any other provision of this Act) all enactments and
rules of law relating to procedure in connection with indictable offences
shall have effect subject to such modifications as are necessary to give
effect to the provisions of this section.

(9) For the purposes of this section statements in writing admitted in
evidence under section 3(1) of the Criminal Procedure (Committal for Trial)
Act (Northern Ireland) 1968 shall be treated as depositions taken in the
presence of the accused before the magistrates' court which committed him for
trial.

[Index] [Table] [Search] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback
URL: http://www.bailii.org/nie/legis/num_act/gjai1969378/s2.html

Northern Irish Legislation

GRAND JURY (ABOLITION) ACT (NORTHERN IRELAND) 1969 - SECT 2