BAILII [Home] [Databases] [World Law] [Search] [Feedback]

Northern Irish Legislation

You are here:  BAILII >> Databases >> Northern Irish Legislation >> MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964

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


MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 43

1954 c.33

43.(1) A magistrates' court which adjourns a preliminary investigation of an
indictable offence and remands the accused in custody may, if satisfied that
it is desirable in the interests of justice or security to do so and that the
accused would not thereby suffer hardship, order that the adjourned
investigation shall be held at a time and place specified in the order being a
place within the same petty sessions district as the prison to which the
person charged [or any person with whom he is charged in the same proceedings]
is remanded.

(2) A magistrates' court before whom any adjourned investigation is held, if
satisfied as aforesaid, may, without prejudice to any other power exercisable
by it, order that such investigation shall be adjourned to

(a)a place within the same petty sessions district as that in which the
investigation was begun; or

(b)a place within the same petty sessions district as the prison to which the
person charged [or any person with whom he is charged in the same proceedings]
is further remanded.

(3) Where an order is made under this section the adjourned investigation
shall be held at the time and place specified in the order and may be so held
before the magistrates' court by whom the investigation is adjourned or before
a court acting for the petty sessions district in which the place to which the
investigation is adjourned is situated and where the adjourned investigation
takes place before such last-mentioned court, the complaint and any
depositions and recognizances already taken in the matter shall be deemed for
all purposes to have been made or taken by or before such last-mentioned
court.

[(3A) Without prejudice to subsections (1), (2) and (3), a magistrates' court
may, if satisfied as mentioned in subsection (1), adjourn any preliminary
investigation or preliminary enquiry of an indictable offence or any adjourned
investigation or enquiry to another magistrates' court having jurisdiction to
conduct a preliminary investigation or, as the case may be, a preliminary
enquiry into such an offence and in the case of an adjourned investigation or
enquiry, the complaint and any depositions and recognizances already taken in,
or notices and documents furnished in respect of, the matter shall be deemed
for all purposes to have been made or taken by or before, or furnished to the
clerk of, the last-mentioned court.]

(4) Where an investigation has been adjourned under this section, the place to
which the investigation has been adjourned shall, without prejudice to
section 7 of the Criminal Justice Act (Northern Ireland) 1945, be deemed, for
all purposes incidental upon the prosecution, trial and punishment of the
offender, to be the place in which the offence was committed.


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

© 1964 Crown Copyright

BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback
URL: http://www.bailii.org/nie/legis/num_act/mcai1964392/s43.html