MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 34 Summary trial of charges in and out of petty sessions.

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MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 34

Summary trial of charges in and out of petty sessions.

34.(1) Where no period of limitation is provided for by any other enactment

(a)a magistrates' court shall not have jurisdiction to hear and determine a
complaint charging the commission of a summary offence other than an offence
which is also triable upon indictment unless the complaint was made within six
months from the time when the offence was committed or ceased to continue; and

(b)a complaint charging the commission of an indictable offence may be made to
a justice of the peace and dealt with at any time and, accordingly, a
resident magistrate may at any time after an indictable offence was alleged to
have been committed exercise any jurisdiction conferred on him by sections 52
and 53 or by any other enactment to try that offence summarily.

(2) Subject to subsection (4), a complaint charging the commission of an
offence which is both punishable upon summary conviction or triable upon
indictment may be made and dealt with at any time and, accordingly, nothing in
any other enactment (however framed or worded) which, as regards any offence
to which it applies, would but for this section impose a time-limit on the
power of a magistrates' court to hear and determine a complaint charging the
commission of a summary offence or impose a limitation on the time for taking
summary proceedings shall apply in relation to any offence which is both
punishable upon summary conviction or triable upon indictment.

(3) Without prejudice to the generality of subsection (2), that subsection
includes enactments which impose a time-limit that applies only in certain
circumstances (for example where the proceedings are not instituted by or with
the consent of the Director of Public Prosecutions for Northern Ireland or
some other specified authority).

(4) Where as regards any indictable offence there is imposed by any enactment
(however framed or worded and whether falling within subsection (2) or not) a
limitation on the time for taking proceedings on indictment for that offence
no summary proceedings for that offence shall be taken after the latest time
for taking proceedings on indictment.]

Time within which complaint charging offence must be made to give
jurisdiction.

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Northern Irish Legislation

MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 34