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CRIMINAL PROCEDURE (COMMITTAL FOR TRIAL) ACT (NORTHERN IRELAND) 1968 - SECT 4

Preliminary enquiry.

4.(1) The court shall consider the documents referred to in section 2(2),
other than a statement which is not admitted in evidence by reason of an
objection taken thereto under section 3(2)(d), together with the exhibits
admitted in evidence and shall read aloud so much of every written statement
as is admitted in evidence, or the purport thereof, if requested to do so by
either the prosecutor or the accused, and shall consider any submissions which
may be made by or on behalf of the prosecutor or the accused.

(2) The court, the prosecutor and the accused may each require any person,
whether his statement has been tendered in evidence or not, to attend and give
evidence on oath which evidence shall be recorded as a written deposition and
any such witness may be cross-examined and re-examined on his evidence; and
where the evidence of a person is so recorded as a written deposition the
court shall disregard any statement made by that person which has been
furnished under section 2.

(3) The court shall ask the accused if he has anything to say in answer to the
charge and at the same time shall caution the accused that he is not obliged
to say anything unless he wishes to do so and that whatever he does say may be
taken down in writing and may be given in evidence at his trial; and whatever
the accused says in answer after such caution shall be taken down in writing
and read over to him and shall be signed by the resident magistrate or other
justice of the peace conducting the preliminary enquiry.

(4) The accused's statement made and appearing to be signed under subsection
(3) may be given in evidence at his trial without further proof unless it is
proved that it was not signed by the resident magistrate or other justice of
the peace by whom it purports to have been signed.

(5) It shall be a sufficient compliance with this section requiring the court
to read aloud the contents of any written statement, or the purport thereof,
or to address the accused, for the presiding resident magistrate or justice of
the peace to cause the statement, or the purport thereof, to be read or the
accused to be addressed in the appropriate manner, by an official of the
court.

© 1968 Crown Copyright

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